6796 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Proposed Rules 

DEPARTMENT OF AGRICULTURE 

Office of Energy Policy and New Uses 

7 CFR Part 2902 

RIN 0503–AA34 

Designation of Biobased Items for 

Federal Procurement 

AGENCY: Departmental Management, 

USDA. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The U.S. Department of 

Agriculture (USDA) is proposing to 

amend the Guidelines for Designating 

Biobased Products for Federal 

Procurement (Guidelines) to add nine 

sections that will designate the 

following items within which biobased 

products would be afforded Federal 

procurement preference: Disposable 

tableware; expanded polystyrene foam 

recycling products; heat transfer fluids; 

ink removers and cleaners; mulch and 

compost materials; multipurpose 

lubricants; office paper; topical pain 

relief products; and turbine drip oils. 

USDA is also proposing minimum 

biobased contents for each of these 

items. 

DATES: USDA will accept public 

comments on this proposed rule until 

April 12, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods. All 

submissions received must include the 

agency name and Regulatory 

Information Number (RIN). The RIN for 

this rulemaking is 0503–AA34. Also, 

please identify submittals as pertaining 

to the ‘‘Proposed Designation of Items.’’ 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: biopreferred@usda.gov. 

Include RIN number 0503–AA34 and 

‘‘Proposed Designation of Items’’ on the 

subject line. Please include your name 

and address in your message. 

• Mail/commercial/hand delivery: 

Mail or deliver your comments to: Ron 

Buckhalt, USDA, Office of Procurement 

and Property Management, Room 361, 

Reporters Building, 300 7th St., SW., 

Washington, DC 20024. 

• Persons with disabilities who 

require alternative means for 

communication for regulatory 

information (Braille, large print, 

audiotape, etc.) should contact the 

USDA TARGET Center at (202) 720– 

2600 (voice) and (202) 690–0942 (TTY). 

FOR FURTHER INFORMATION CONTACT: Ron 

Buckhalt, USDA, Office of Procurement 

and Property Management, Room 361, 

Reporters Building, 300 7th St., SW., 

Washington, DC 20024; e-mail: 

biopreferred@usda.gov; phone (202) 

205–4008. Information regarding the 

preferred procurement program (one 

part of the BioPreferred Program) is 

available on the Internet at http:// 

www.biopreferred.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Authority 

II. Background 

III. Summary of Today’s Proposed Rule 

IV. Designation of Items, Minimum Biobased 

Contents, and Time Frame 

A. Background 

B. Items Proposed for Designation 

C. Minimum Biobased Contents 

D. Compliance Date for Procurement 

Preference and Incorporation Into 

Specifications 

V. Where Can Agencies Get More Information 

on These USDA-Designated Items? 

VI. Regulatory Information 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Regulatory Flexibility Act (RFA) 

C. Executive Order 12630: Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

D. Executive Order 13132: Federalism 

E. Unfunded Mandates Reform Act of 1995 

F. Executive Order 12372: 

Intergovernmental Review of Federal 

Programs 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Paperwork Reduction Act 

I. e-Government Act 

I. Authority 

The designation of these items is 

proposed under the authority of section 

9002 of the Farm Security and Rural 

Investment Act of 2002 (FSRIA), as 

amended by the Food, Conservation, 

and Energy Act of 2008 (FCEA), 7 U.S.C. 

8102 (referred to in this document as 

‘‘section 9002’’). 

II. Background 

Section 9002 provides for the 

preferred procurement of biobased 

products by Federal procuring agencies 

and is referred to hereafter in this 

Federal Register notice as the ‘‘preferred 

procurement program.’’ The definition 

of ‘‘procuring agency’’ in section 9002 

includes both Federal agencies and ‘‘a 

person that is a party to a contract with 

any Federal agency, with respect to 

work performed under such a contract.’’ 

Thus, Federal contractors, as well as 

Federal agencies, are expressly subject 

to the procurement preference 

provisions of section 9002, as amended 

in section 9002 of the 2008 Farm Bill. 

The term ‘‘item’’ is used in the 

designation process to mean a generic 

grouping of specific products that 

perform a similar function, such as the 

various brands of crankcase oils or 

interior paints. Once USDA designates 

an item, procuring agencies are required 

generally to purchase biobased products 

within these designated items where the 

purchase price of the procurement item 

exceeds $10,000 or where the quantity 

of such items or the functionally 

equivalent items purchased over the 

preceding fiscal year equaled $10,000 or 

more. Procuring agencies must procure 

biobased products within each 

designated item unless they determine 

that products within a designated item 

are not reasonably available within a 

reasonable period of time, fail to meet 

the reasonable performance standards of 

the procuring agencies, or are available 

only at an unreasonable price. As stated 

in 7 CFR Part 2902—‘‘Guidelines for 

Designating Biobased Products for 

Federal Procurement’’ (Guidelines), 

biobased products that are merely 

incidental to Federal funding are 

excluded from the preferred 

procurement program; that is, the 

requirements to purchase biobased 

products do not apply to such purchases 

if they are unrelated to or incidental to 

the purpose of the Federal contract. In 

implementing the preferred 

procurement program for biobased 

products, procuring agencies should 

follow their procurement rules and 

Office of Federal Procurement Policy 

guidance on buying non-biobased 

products when biobased products exist 

and should document exceptions taken 

for price, performance, and availability. 

USDA recognizes that the 

performance needs for a given 

application are important criteria in 

making procurement decisions. USDA is 

not requiring procuring agencies to limit 

their choices to biobased products that 

fall under the items for designation in 

this proposed rule. Rather, the effect of 

the designation of the items is to require 

procuring agencies to determine their 

performance needs, determine whether 

there are qualified biobased products 

that fall under the designated items that 

meet the reasonable performance 

standards for those needs, and purchase 

such qualified biobased products to the 

maximum extent practicable as required 

by section 9002 of the 2002 Farm Bill. 

Section 9002(a)(3)(B) requires USDA 

to provide information to procuring 

agencies on the availability, relative 

price, performance, and environmental 

and public health benefits of such items 

and to recommend where appropriate 

the minimum level of biobased content 

to be contained in the procured 

products. 


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It is the responsibility of the 

manufacturers to ‘‘self-certify’’ that each 

product being offered as a biobased 

product for preferred procurement 

contains qualifying feedstock. USDA 

will develop a monitoring process for 

these self-certifications to ensure 

manufacturers are using qualifying 

feedstocks. If misrepresentations are 

found, USDA will remove the subject 

biobased product from the preferred 

procurement program and put a notice 

of this action on the BioPreferred Web 

site. 

Subcategorization. Most of the items 

USDA is considering for designation for 

preferred procurement cover a wide 

range of products. For some items, there 

are subgroups of products within the 

item that meet different requirements, 

uses and/or different performance 

specifications. For example, within the 

item category ‘‘hand cleaners and 

sanitizers,’’ products that are used in 

medical offices may be required to meet 

performance specifications for 

sanitizing, while other products that are 

intended for general purpose hand 

washing may not need to meet these 

specifications. Where such subgroups 

exist, USDA intends to create 

subcategories. Thus, for example, for the 

item ‘‘hand cleaners and sanitizers,’’ 

USDA has determined it is reasonable to 

create a ‘‘hand cleaner’’ subcategory and 

a ‘‘hand sanitizer’’ subcategory. 

Sanitizing specifications would be 

applicable to the latter subcategory, but 

not the former. In sum, USDA looks at 

the products within each item category 

to evaluate whether there are subgroups 

of products within the item that meet 

different performance specifications 

and, where USDA finds this type of 

difference, it intends to create 

subcategories with the minimum 

biobased content based on the tested 

products within the subcategory. 

For some items, however, USDA may 

not have sufficient information at the 

time of proposal to create subcategories 

within an item. For example, USDA 

may know that there are different 

performance specifications that deicing 

products are required to meet, but it has 

information on only one type of deicing 

product. In such instances, USDA may 

either designate the item without 

creating subcategories (i.e., defer the 

creation of subcategories) or designate 

one subcategory and defer designation 

of other subcategories within the item 

until additional information is obtained. 

Once USDA has received sufficient 

additional information to justify the 

designation of a subcategory, the 

subcategory will be designated through 

the proposed and final rulemaking 

process. 

USDA is not proposing to 

subcategorize any of the items being 

proposed for designation in today’s 

action. However, public comments and 

additional data are being requested for 

several of the items and subcategories 

may be created in a future proposed 

rulemaking. 

Minimum Biobased Contents. The 

minimum biobased contents being 

proposed with today’s rule are based on 

products for which USDA has biobased 

content test data. Because the 

submission of product samples for 

biobased content testing is on a strictly 

voluntary basis, USDA was able to 

obtain samples only from those 

manufacturers who volunteer to invest 

the resources required to submit the 

samples. 

In addition to considering the 

biobased content test data for each item, 

USDA also considers other factors 

including product performance 

information. USDA evaluates this 

information to determine whether some 

products that may have a lower 

biobased content also have unique 

performance or applicability attributes 

that would justify setting the minimum 

biobased content at a level that would 

include these products. For example, a 

lubricant product that has a lower 

biobased content than others within an 

item but is formulated to perform over 

a wider temperature range than the 

other products may be more desirable to 

Federal agencies. Thus, it would be 

beneficial to set the minimum biobased 

content for the item at a level that 

would include the product with 

superior performance features. 

USDA also considers the overall range 

of the tested biobased contents within 

an item, groupings of similar values, 

and breaks (significant gaps between 

two groups of values) in the biobased 

content test data array. For example, the 

biobased contents of five tested 

products within an item being proposed 

for designation today are 5, 22, 31, 82, 

and 85 percent. Because this is a very 

wide range, and because there is a 

significant gap in the data between the 

31 percent biobased product and the 82 

percent biobased product, USDA 

reviewed the product literature to 

determine whether subcategories could 

be created within this item. USDA 

found that the available product 

information did not justify 

subcategorization. Further, USDA did 

not find any performance claims that 

would justify setting the minimum 

biobased content based on the 5, 22, or 

31 percent biobased content products. 

Thus, USDA is proposing to set the 

minimum biobased content for this item 

based on the product with a tested 

biobased content of 82 percent. USDA 

believes that this evaluation process 

allows it to establish minimum biobased 

contents based on a broad set of factors 

to assist the Federal procurement 

community in its decisions to purchase 

biobased products. 

USDA makes every effort to obtain 

biobased content test data on multiple 

products within each item. For most 

designated items, USDA has biobased 

content test data on more than one 

product within a designated item. 

However, in some cases, USDA has been 

able to obtain biobased content data for 

only a single product within a 

designated item because only one 

manufacturer volunteered to supply a 

sample for testing. As USDA obtains 

additional data on the biobased contents 

for products within these designated 

items and their subcategories, USDA 

will evaluate whether the minimum 

biobased content for a designated item 

will be revised. Where future revisions 

of established minimum biobased 

contents are justified, such revisions 

will be announced in a proposed 

rulemaking with an opportunity for 

public comment prior to finalizing the 

rulemaking. 

USDA anticipates that the minimum 

biobased content of an item that is based 

on a single product is more likely to 

change as additional products within 

that designated item are identified and 

tested. In today’s proposed rule, the 

minimum biobased contents for one of 

the designated items (‘‘expandable 

polystyrene foam recycling products’’) is 

based on a single tested product. Given 

that only two biobased products have 

been identified in this item, and only 

one manufacturer supplied a sample for 

testing, USDA believes it is reasonable 

to set a minimum biobased content for 

this item based on the single data point. 

Where USDA receives additional 

biobased content test data for products 

within any of these proposed items 

during the public comment period, 

USDA will take that information into 

consideration when establishing the 

minimum biobased content when the 

items are designated in the final 

rulemaking. 

Overlap with EPA’s Comprehensive 

Procurement Guideline program for 

recovered content products under the 

Resource Conservation and Recovery 

Act (RCRA) Section 6002. Some of the 

products that are biobased items 

designated for preferred procurement 

under the preferred procurement 

program may also be items the 

Environmental Protection Agency (EPA) 

has designated under the EPA’s 

Comprehensive Procurement Guideline 

(CPG) for products containing recovered 


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materials. In situations where it believes 

there may be an overlap, USDA is 

asking manufacturers of qualifying 

biobased products to make additional 

product and performance information 

available to Federal agencies conducting 

market research to assist them in 

determining whether the biobased 

products in question are, or are not, the 

same products for the same uses as the 

recovered content products. 

Manufacturers are asked to provide 

information highlighting the sustainable 

features of their biobased products and 

to indicate the various suggested uses of 

their product and the performance 

standards against which a particular 

product has been tested. In addition, 

depending on the type of biobased 

product, manufacturers are being asked 

to provide other types of information, 

such as whether the product contains 

fossil energy-based components 

(including petroleum, coal, and natural 

gas) and whether the product contains 

recovered materials. Federal agencies 

also may ask manufacturers for 

information on a product’s biobased 

content and its profile against 

environmental and health measures and 

life-cycle costs (the ASTM Standard 

D7075, ‘‘Standard Practice for 

Evaluating and Reporting 

Environmental Performance of Biobased 

Products,’’ or the Building for 

Environmental and Economic 

Sustainability (BEES) analysis for 

evaluating and reporting on 

environmental performance of biobased 

products). Federal agencies may then 

use this information to make purchasing 

decisions based on the sustainability 

features of the products. Detailed 

information on ASTM Standard D7075, 

and other ASTM standards, can be 

found on ASTM’s Web site at http:// 

www.astm.org. Information on the BEES 

analytical tool can be found on the Web 

site http://www.bfrl.nist.gov/oae/ 

software/bees.html. 

Section 6002 of RCRA requires a 

procuring agency procuring an item 

designated by EPA generally to procure 

such an item composed of the highest 

percentage of recovered materials 

content practicable. However, a 

procuring agency may decide not to 

procure such an item based on a 

determination that the item fails to meet 

the reasonable performance standards or 

specifications of the procuring agency. 

An item with recovered materials 

content may not meet reasonable 

performance standards or specifications, 

for example, if the use of the item with 

recovered materials content would 

jeopardize the intended end use of the 

item. 

Where a biobased item is used for the 

same purposes and to meet the same 

Federal agency performance 

requirements as an EPA-designated 

recovered content product, the Federal 

agency must purchase the recovered 

content product. For example, if a 

biobased hydraulic fluid is to be used as 

a fluid in hydraulic systems and 

because ‘‘lubricating oils containing rerefined oil’’ has already been designated 

by EPA for that purpose, then the 

Federal agency must purchase the EPAdesignated recovered content product, 

‘‘lubricating oils containing re-refined 

oil.’’ If, on the other hand, that biobased 

hydraulic fluid is to be used to address 

a Federal agency’s certain 

environmental or health performance 

requirements that the EPA-designated 

recovered content product would not 

meet, then the biobased product should 

be given preference, subject to 

reasonable price, availability, and 

performance considerations. 

This proposed rule designates three 

items for preferred procurement for 

which there may also be an EPAdesignated recovered content product. 

The first item is mulch and compost 

materials, which are also EPAdesignated recovered content products 

‘‘hydraulic mulch products’’ and 

‘‘compost materials’’ under the 

‘‘landscaping products’’ category of 

products. The second item is 

multipurpose lubricants, which, 

depending on how they are used, may 

be an EPA-designated recovered content 

product ‘‘re-refined lubricating oils.’’ 

The third item is office paper, which is 

an EPA-designated recovered content 

product under the ‘‘paper and paper 

products’’ category of products. EPA 

provides recovered materials content 

recommendations for these recovered 

content products in a Recovered 

Materials Advisory Notice (RMAN I). 

The RMAN recommendations for these 

CPG products can be found by accessing 

EPA’s Web site http://www.epa.gov/ 

epaoswer/non-hw/procure/ 

products.htm and then clicking on the 

appropriate product name. 

Federal Government Purchase of 

Sustainable Products. The Federal 

government’s sustainable purchasing 

program includes the following three 

statutory preference programs for 

designated products: the BioPreferred 

Program, the Environmental Protection 

Agency’s Comprehensive Procurement 

Guideline for products containing 

recovered materials, and the 

Environmentally Preferable Purchasing 

program. The Office of the Federal 

Environmental Executive (OFEE) and 

the Office of Management and Budget 

(OMB) encourage agencies to implement 

these components comprehensively 

when purchasing products and services. 

Procuring agencies should note that 

not all biobased products are 

‘‘environmentally preferable.’’ For 

example, unless cleaning products 

contain no or reduced levels of metals 

and toxic and hazardous constituents, 

they can be harmful to aquatic life, the 

environment, and/or workers. 

Household cleaning products that are 

formulated to be disinfectants are 

required, under the Federal Insecticide, 

Fungicide and Rodenticide Act (FIFRA), 

to be registered with EPA and must 

meet specific labeling requirements 

warning of the potential risks associated 

with misuse of such products. When 

purchasing environmentally preferable 

cleaning products, many Federal 

agencies specify that products must 

meet Green Seal standards for 

institutional cleaning products or that 

the products have been reformulated in 

accordance with recommendations from 

the U.S. EPA’s Design for the 

Environment (DfE) program. Both the 

Green Seal standards and the DfE 

program identify chemicals of concern 

in cleaning products. These include 

zinc and other metals, formaldehyde, 

ammonia, alkyl phenol ethoxylates, 

ethylene glycol ethers, and volatile 

organic compounds. In addition, both 

require that cleaning products have 

neutral or less caustic pH. 

In contrast, some biobased products 

may be more environmentally preferable 

than some products that meet Green 

Seal standards for institutional cleaning 

products or that have been reformulated 

in accordance with EPA’s DfE program. 

To fully compare products, one must 

look at the ‘‘cradle-to-grave’’ impacts of 

the manufacture, use, and disposal of 

products. Biobased products that will be 

available for preferred procurement 

under this program have been assessed 

as to their ‘‘cradle-to-grave’’ impacts. 

One consideration of a product’s 

impact on the environment is whether 

(and to what degree) it introduces new 

fossil carbon into the atmosphere. Fossil 

carbon is derived from non-renewable 

sources (typically fossil fuels such as 

coal and oil), whereas renewable 

biomass carbon is derived from 

renewable sources (biomass). Qualifying 

biobased products offer the user the 

opportunity to manage the carbon cycle 

and reduce the introduction of new 

fossil carbon into the atmosphere. 

Manufacturers of qualifying biobased 

products under the preferred 

procurement program will be able to 

provide, at the request of Federal 

agencies, factual information on 

environmental and human health effects 

of their products, including the results 


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of the ASTM D7075, or the comparable 

BEES analysis which examines 12 

different environmental parameters, 

including human health. Therefore, 

USDA encourages Federal procurement 

agencies to consider that USDA has 

already examined all available 

information on the environmental and 

human health effects of biopreferred 

products, when making their purchasing 

decisions. 

Other Preferred Procurement 

Programs. Federal procurement officials 

should also note that biobased products 

may be available for purchase by 

Federal agencies through the AbilityOne 

Program (formerly known as the JavitsWagner-O’Day (JWOD) program). Under 

this program, members of organizations 

including the National Industries for the 

Blind (NIB) and the National Institute 

for the Severely Handicapped (NISH) 

offer products and services for preferred 

procurement by Federal agencies. A 

search of the AbilityOne Program’s 

online catalog (http:// 

www.abilityone.gov) indicated that four 

of the items being proposed today 

(‘‘disposable tableware,’’ ‘‘mulch and 

compost materials,’’ ‘‘multipurpose 

lubricants,’’ and ‘‘office paper’’) are 

available through the AbilityOne 

Program. While none of the specific 

products within these items are 

identified in the JWOD online catalog as 

being biobased products, it is possible 

that biobased products are available or 

will be available in the future. Also, 

because additional categories of 

products are frequently added to the 

AbilityOne Program, it is possible that 

biobased products within other items 

being proposed for designation today 

may be available through the AbilityOne 

Program in the future. Procurement of 

biobased products through the 

AbilityOne Program would further the 

objectives of both the AbilityOne 

Program and the preferred procurement 

program. 

Outreach. To augment its own 

research, USDA consults with industry 

and Federal stakeholders to the 

preferred procurement program during 

the development of the rulemaking 

packages for the designation of items. 

USDA consults with stakeholders to 

gather information used in determining 

the order of item designation and in 

identifying: Manufacturers producing 

and marketing products that fall within 

an item proposed for designation; 

performance standards used by Federal 

agencies evaluating products to be 

procured; and warranty information 

used by manufacturers of end user 

equipment and other products with 

regard to biobased products. 

Future Designations. In making future 

designations, USDA will continue to 

conduct market searches to identify 

manufacturers of biobased products 

within items. USDA will then contact 

the identified manufacturers to solicit 

samples of their products for voluntary 

submission for biobased content testing. 

Based on these results, USDA will then 

propose new items for designation for 

preferred procurement. 

USDA has developed a preliminary 

list of items for future designation. This 

list is available on the BioPreferred Web 

site. While this list presents an initial 

prioritization of items for designation, 

USDA cannot identify with certainty 

which items will be presented in each 

of the future rulemakings. In response to 

comments from other Federal agencies, 

USDA intends to give increased priority 

to those items that contain the highest 

biobased content. In addition, as the 

program matures, manufacturers of 

biobased products within some industry 

segments have become more responsive 

to USDA’s requests for technical 

information than those in other 

segments. Thus, items with high 

biobased content and for which 

sufficient technical information can be 

obtained quickly may be added or 

moved up on the prioritization list. 

USDA intends to update the list of items 

for future designation on the 

Biopreferred Web site every six months, 

or more often if significant changes are 

made to the list. 

III. Summary of Today’s Proposed Rule 

USDA is proposing to designate the 

following items for preferred 

procurement: Disposable tableware; 

expanded polystyrene (EPS) foam 

recycling products; heat transfer fluids; 

ink removers and cleaners; mulch and 

compost materials; multipurpose 

lubricants; office paper; topical pain 

relief products; and turbine drip oils. 

USDA is also proposing minimum 

biobased content for each of these items 

(see Section IV.C). Lastly, USDA is 

proposing a date by which Federal 

agencies must incorporate designated 

items into their procurement 

specifications (see Section IV.D). 

In today’s proposed rule, USDA is 

providing information on its findings as 

to the availability, economic and 

technical feasibility, environmental and 

public health benefits, and life-cycle 

costs for each of the designated items. 

Information on the availability, relative 

price, performance, and environmental 

and public health benefits of individual 

products within each of these items is 

not presented in this notice. Further, 

USDA has reached an understanding 

with manufacturers not to publish their 

names in conjunction with specific 

product data published in the Federal 

Register when designating items. This 

understanding was reached to 

encourage manufacturers to submit 

products for testing to support the 

designation of an item. Once an item 

has been designated, USDA will 

encourage the manufacturers of 

products within the designated item to 

voluntarily make their names and other 

contact information available for the 

BioPreferred Web site. 

Warranties. Some of the items being 

proposed for designation today may 

affect original equipment 

manufacturers’ (OEMs) warranties for 

equipment in which the items are used. 

For example, the manufacturer of a 

piece of equipment that requires 

lubrication typically includes a list of 

recommended lubricants in the owner/ 

operator’s manual that accompanies the 

equipment when purchased. If the 

purchaser of the equipment uses a 

lubricant (including a biobased 

lubricant) that is not among the 

lubricants recommended by the 

equipment manufacturer, the 

manufacturer may cite that as a reason 

not to honor the warranty on the 

equipment. At this time, USDA does not 

have information available as to the 

extent that OEMs have included, or will 

include, biobased products among their 

recommended lubricants (or other 

similar operating components). This 

does not necessarily mean that use of 

biobased products will void warranties, 

only that USDA does not currently have 

such information. USDA is requesting 

comments and information on this 

topic, but cannot be held responsible if 

damage were to occur. USDA 

encourages manufacturers of biobased 

products to test their products against 

all relevant standards, including those 

that affect warranties, and to work with 

OEMs to ensure that biobased products 

are accepted and recommended for use. 

Whenever manufacturers of biobased 

products find that existing performance 

standards for warranties are not relevant 

or appropriate for biobased products, 

USDA is willing to assist them in 

working with the appropriate OEMs to 

develop tests that are relevant and 

appropriate for the end uses in which 

biobased products are intended. In 

addition to outreach to biobased 

product manufacturers and Federal 

agencies, USDA will, as time and 

resources allow, work with OEMs on 

addressing any effect the use of 

biobased products may have on their 

warranties. If, in spite of these efforts, 

there is insufficient information 

regarding the use of a biobased product 


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and its effect of warranties, the 

procurement agent would not be 

required to buy such a product. As 

information is available on warranties, 

USDA will make such information 

available on the BioPreferred Web site. 

Updates to the BioPreferred Web site 

will occur whenever new information is 

submitted. 

Additional Information. USDA is 

working with manufacturers and 

vendors to make all relevant product 

and manufacturer contact information 

available on the BioPreferred Web site 

before a procuring agency asks for it, in 

order to make the preferred program 

more efficient. Steps USDA has 

implemented, or will implement, 

include: Making direct contact with 

submitting companies through e-mail 

and phone conversations to encourage 

completion of product listing; 

coordinating outreach efforts with 

intermediate material producers to 

encourage participation of their 

customer base; conducting targeted 

outreach with industry and commodity 

groups to educate stakeholders on the 

importance of providing complete 

product information; participating in 

industry conferences and meetings to 

educate companies on program benefits 

and requirements; and communicating 

the potential for expanded markets 

beyond the Federal government, to 

include State and local governments, as 

well as the general public markets. 

Section V provides instructions to 

agencies on how to obtain this 

information on products within these 

items through the following Web site: 

http://www.biopreferred.gov. 

Comments. USDA invites comment 

on the proposed designation of these 

items, including the definition, 

proposed minimum biobased content, 

and any of the relevant analyses 

performed during the selection of these 

items. In addition, USDA invites 

comments and information in the 

following areas: 

1. Three items (‘‘mulch and compost 

materials,’’ ‘‘multipurpose lubricants,’’ 

and ‘‘office paper’’) may overlap with 

products designated under EPA’s 

Comprehensive Procurement Guideline 

for products containing recovered 

material. To help procuring agencies in 

making their purchasing decisions 

between biobased products within the 

proposed designated items that overlap 

with products containing recovered 

material, USDA is requesting productspecific information on unique 

performance attributes, environmental 

and human health effects, disposal 

costs, and other attributes that would 

distinguish biobased products from 

products containing recovered material 

as well as non-biobased products. 

2. We have attempted to identify 

relevant and appropriate performance 

standards and other relevant measures 

of performance for each of the proposed 

items. If you know of other such 

standards or relevant measures of 

performance for any of the proposed 

items, USDA requests that you submit 

information identifying such standards 

and measures, including their name 

(and other identifying information as 

necessary), identifying who is using the 

standard/measure, and describing the 

circumstances under which the product 

is being used. 

3. Many biobased products within the 

items being proposed for designation 

will have positive environmental and 

human health attributes. USDA is 

seeking comments on such attributes in 

order to provide additional information 

on the BioPreferred Web site. This 

information will then be available to 

Federal procuring agencies and will 

assist them in making informed 

sustainable procurement decisions. 

When possible, please provide 

appropriate documentation to support 

the environmental and human health 

attributes you describe. 

4. Some items (e.g., ‘‘disposable 

tableware,’’ ‘‘heat transfer fluids,’’ and 

‘‘ink removers and cleaners’’) have wide 

ranges of tested biobased contents. For 

the reasons discussed later in this 

preamble, USDA is proposing minimum 

biobased content levels that would 

allow many of the tested products to be 

eligible for preferred procurement. 

USDA welcomes comments on the 

appropriateness of the proposed 

minimum biobased contents for these 

items and whether there are potential 

subcategories within the items that 

should be considered. 

5. As discussed above, the effect that 

the use of biobased products may have 

on original equipment manufacturers’ 

warranties is uncertain. USDA requests 

comments and supporting information 

on any aspect of this issue. 

6. Today’s proposed rule is expected 

to have both positive and negative 

impacts on individual businesses, 

including small businesses. USDA 

anticipates that the biobased preferred 

procurement program will provide 

additional opportunities for businesses 

and manufacturers to begin supplying 

products under the proposed designated 

biobased items to Federal agencies and 

their contractors. However, other 

businesses and manufacturers that 

supply only non-qualifying products 

and do not offer biobased alternatives 

may experience a decrease in demand 

from Federal agencies and their 

contractors. Because USDA has been 

unable to determine the number of 

businesses, including small businesses, 

that may be adversely affected by 

today’s proposed rule, USDA requests 

comment on how many small entities 

may be affected by this rule and on the 

nature and extent of that effect. 

All comments should be submitted as 

directed in the ADDRESSES section 

above. 

To assist you in developing your 

comments, the background information 

used in proposing these items for 

designation has been assembled in a 

technical support document, ‘‘Technical 

Support for Proposed Rule—Round 6 

Designated Items,’’ which is available on 

the BioPreferred Web site. The technical 

support document can be located by 

clicking on the Proposed and Final 

Regulations link on the right side of the 

BioPreferred Web site’s home page 

(http://www.biopreferred.gov). At the 

next screen, click on the Supporting 

Documentation link under Round 6 

Designated Items under the Proposed 

Regulations section. This will bring you 

to the link to the technical support 

document. 

IV. Designation of Items, Minimum 

Biobased Contents, and Time Frame 

A. Background 

In order to designate items for 

preferred procurement, section 9002 

requires USDA to consider: (1) The 

availability of items and (2) the 

economic and technological feasibility 

of using the items, including the lifecycle costs of the items. 

In considering an item’s availability, 

USDA uses several sources of 

information. USDA performs Internet 

searches, contacts trade associations 

(such as the Bio organization) and 

commodity groups, searches the 

Thomas Register (a database, used as a 

resource for finding companies and 

products manufactured in North 

America, containing over 173,000 

entries), and contacts manufacturers and 

vendors to identify those manufacturers 

and vendors with biobased products 

within items being considered for 

designation. USDA uses the results of 

these same searches to determine if an 

item is generally available. 

In considering an item’s economic 

and technological feasibility, USDA 

examines evidence pointing to the 

general commercial use of an item and 

its life-cycle cost and performance 

characteristics. This information is 

obtained from the sources used to assess 

an item’s availability. Commercial use, 

in turn, is evidenced by any 

manufacturer and vendor information 


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on the availability, relative prices, and 

performance of their products as well as 

by evidence of an item being purchased 

by a procuring agency or other entity, 

where available. In sum, USDA 

considers an item economically and 

technologically feasible for purposes of 

designation if products within that item 

are being offered and used in the 

marketplace. 

In considering the life-cycle costs of 

items proposed for designation, USDA 

has obtained the necessary input 

information (on a voluntary basis) from 

manufacturers of biobased products and 

has used the BEES analytical tool to 

analyze individual products within each 

proposed item. The BEES analytical tool 

measures the environmental 

performance and the economic 

performance of a product. The 

environmental performance scores, 

impact values, and economic 

performance results for products within 

the Round 6 designated items analyzed 

using the BEES analytical tool can be 

found in ‘‘Technical Support for 

Proposed Rule—Round 6 Designated 

Items,’’ located on the BioPreferred Web 

site (http://www.biopreferred.gov). 

In addition to the BEES analytical 

tool, manufacturers wishing to make 

similar life-cycle information available 

may choose to use the ASTM Standard 

D7075 analysis. The ASTM Standard 

D7075 product analysis includes 

information on environmental 

performance, human health impacts, 

and economic performance. USDA is 

working with manufacturers and 

vendors to make this information 

available on the BioPreferred Web site 

in order to make the preferred 

procurement program more efficient. 

As discussed earlier, USDA has also 

implemented, or will implement, 

several other steps intended to educate 

the manufacturers and other 

stakeholders on the benefits of this 

program and the need to make this 

information, including manufacturer 

contact information, available on the 

BioPreferred Web site in order to then 

make it available to procurement 

officials. Additional information on 

specific products within the items 

proposed for designation may also be 

obtained directly from the 

manufacturers of the products. USDA 

has also provided a link on the 

BioPreferred Web site to the Defense 

Standardization Program and to the 

General Services Administration (GSA)- 

related standards lists used as guidance 

when procuring products. These lists 

can be accessed through the ‘‘Selling to 

the Federal Government’’ link on the 

BioPreferred Web site. 

USDA recognizes that information 

related to the functional performance of 

biobased products is a primary factor in 

making the decision to purchase these 

products. USDA is gathering 

information on industry standard test 

methods and performance standards 

that manufacturers are using to evaluate 

the functional performance of their 

products. (Test methods are procedures 

used to provide information on a certain 

attribute of a product. For example, a 

test method might determine how many 

bacteria are killed. Performance 

standards identify the level at which a 

product must perform in order for it to 

be ‘‘acceptable’’ to the entity that set the 

performance standard. For example, a 

performance standard might require that 

a certain percentage (e.g., 95 percent) of 

the bacteria must be killed through the 

use of the product.) The primary source 

of information on these test methods 

and performance standards are 

manufacturers of biobased products 

within these items. Additional test 

methods and performance standards are 

also identified during meetings of the 

Interagency council and during the 

review process for each proposed rule. 

We have listed, under the detailed 

discussion of each item proposed for 

designation (presented in Section IV.B), 

the functional performance test 

methods, performance standards, 

product certifications, and other 

measures of performance associated 

with the functional aspects of products 

identified during the development of 

this Federal Register notice for these 

items. 

While this process identifies many of 

the relevant test methods and standards, 

USDA recognizes that those identified 

herein do not represent all of the 

methods and standards that may be 

applicable for a designated item or for 

any individual product within the 

designated item. As noted earlier in this 

preamble, USDA is requesting 

identification of other relevant 

performance standards and measures of 

performance. As the program becomes 

fully implemented, these and other 

additional relevant performance 

standards will be available on the 

BioPreferred Web site. 

In gathering information relevant to 

the analyses discussed above for this 

proposed rule, USDA has made 

extensive efforts to contact and request 

information and product samples within 

the items proposed for designation. For 

product information, USDA has 

attempted to contact representatives of 

the manufacturers of biobased products 

identified by the preferred procurement 

program. For product samples on which 

to conduct biobased content tests and 

BEES analysis, USDA has attempted to 

obtain samples and BEES input 

information for at least five different 

suppliers of products within each item 

in today’s proposed rule. However, 

because the submission of information 

and samples is on a strictly voluntary 

basis, USDA was able to obtain 

information and samples only from 

those manufacturers who volunteer to 

invest the resources required to gather 

and submit the information and 

samples. The data presented are all the 

data that were submitted in response to 

USDA requests for information from 

manufacturers of the products within 

the items proposed for designation. 

While USDA would prefer to have 

complete data on the full range of 

products within each item, the data that 

were submitted support designation of 

the items in today’s proposed rule. 

To propose an item for designation, 

USDA must have sufficient information 

on a sufficient number of products 

within an item to be able to assess its 

availability and its economic and 

technological feasibility, including its 

life-cycle costs. For some items, there 

may be numerous products available. 

For other items, there may be very few 

products currently available. Given the 

infancy of the market for some items, it 

is not unexpected that even singleproduct items will be identified. 

Further, given that the intent of section 

9002 is largely to stimulate the 

production of new biobased products 

and to energize emerging markets for 

those products, USDA has determined it 

is appropriate to designate an item or 

subcategory for preferred procurement 

even when there is only a single product 

with a single supplier. However, USDA 

has also determined that in such 

situations it is appropriate to defer the 

effective preferred procurement date 

until such time that more than one 

supplier is identified in order to provide 

choice to procuring agencies. Similarly, 

the documented availability, benefits, 

and life-cycle costs of even a very small 

percentage of all products that may exist 

within an item are also considered 

sufficient to support designation. 

B. Items Proposed for Designation 

USDA uses a model (as summarized 

below) to identify and prioritize items 

for designation. Through this model, 

USDA has identified over 100 items for 

potential designation under the 

preferred procurement program. A list 

of these items and information on the 

model can be accessed on the 

BioPreferred Web site at http:// 

www.biopreferred.gov. 

In general, items are developed and 

prioritized for designation by evaluating 


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1Additional information on the determination of 

minimum biobased contents is presented in Section 

IV.C of this preamble. 

them against program criteria 

established by USDA and by gathering 

information from other government 

agencies, private industry groups, and 

manufacturers. These evaluations begin 

by looking at the cost, performance, and 

availability of products within each 

item. USDA then considers the 

following points: 

• Are there manufacturers interested 

in providing the necessary test 

information on products within a 

particular item? 

• Are there a number of 

manufacturers producing biobased 

products in this item? 

• Are there products available in this 

item? 

• What level of difficulty is expected 

when designating this item? 

• Is there Federal demand for the 

product? 

• Are Federal procurement personnel 

looking for biobased products? 

• Will an item create a high demand 

for biobased feed stock? 

• Does manufacturing of products 

within this item increase potential for 

rural development? 

After completing this evaluation, 

USDA prioritizes the list of items for 

designation. USDA then gathers 

information on products within the 

highest priority items and, as sufficient 

information becomes available for a 

group of items, a new rulemaking 

package is developed to designate the 

items within that group. USDA points 

out that the list of items may change, 

with items being added or dropped, and 

that the order in which items are 

proposed for designation is likely to 

change because the information 

necessary to designate an item may take 

more time to obtain than an item lower 

on the list. 

In today’s proposed rule, USDA is 

proposing to designate the following 

items for the preferred procurement 

program: Disposable tableware; EPS 

foam recycling products; heat transfer 

fluids; ink removers and cleaners; 

mulch and compost materials; 

multipurpose lubricants; office paper; 

topical pain relief products; and turbine 

drip oils. USDA has determined that 

each of these items meets the necessary 

statutory requirements—namely, that 

they are being produced with biobased 

products and that their procurement by 

procuring agencies will carry out the 

following objectives of section 9002: 

• To increase demand for biobased 

products, which would in turn increase 

demand for agricultural commodities 

that can serve as feedstocks for the 

production of biobased products; 

• To spur development of the 

industrial base through value-added 

agricultural processing and 

manufacturing in rural communities; 

and 

• To enhance the Nation’s energy 

security by substituting biobased 

products for products derived from 

imported oil and natural gas. 

Further, USDA has sufficient 

information on these items to determine 

their availability and to conduct the 

requisite analyses to determine their 

biobased content and their economic 

and technological feasibility, including 

life-cycle costs. 

Overlap with EPA’s Comprehensive 

Procurement Guideline program for 

recovered content products. In today’s 

proposed rule, three items being 

designated for preferred procurement 

may overlap with EPA-designated 

recovered content products. The first 

item is ‘‘mulch and compost materials,’’ 

which may overlap with the EPAdesignated recovered content products 

‘‘hydraulic mulch products’’ and 

‘‘compost materials’’ under the 

‘‘landscaping products’’ category of 

products. The second item is 

‘‘multipurpose lubricants,’’ which, 

depending on how they are used, may 

overlap with the EPA-designated 

recovered content product ‘‘re-refined 

lubricating oils.’’ The third item is 

‘‘office paper,’’ which may overlap with 

the EPA-designated recovered content 

products under the ‘‘paper and paper 

products’’ category of products. 

For these items, USDA is requesting 

that information on qualifying biobased 

products be made available by their 

manufacturers to assist Federal agencies 

in determining if an overlap exists 

between the biobased products and the 

applicable EPA-designated recovered 

content products. USDA is requesting 

this information on overlap situations to 

further help procuring agencies make 

informed decisions when faced with 

purchasing a recovered content material 

product or a biobased product. As this 

information is developed, USDA will 

make it available on the BioPreferred 

Web site. 

Exemptions. Products used in 

spacecraft systems and launch support 

applications and military equipment 

used in combat and combat-related 

applications are exempt from the 

biobased product procurement 

preference, but agencies may purchase 

biobased products wherever 

performance, availability and reasonable 

price indicates that such purchases are 

justified. 

Although each item in today’s 

proposed rule would be exempt from 

the procurement preference requirement 

when used in spacecraft systems or 

launch support application or in 

military equipment used in combat and 

combat-related applications, this 

exemption does not extend to 

contractors performing work other than 

direct maintenance and support of the 

spacecraft or launch support equipment 

or combat or combat-related missions. 

For example, if a contractor is painting 

the interior of a non-combat office 

building on a military base, the interior 

paint the contractor purchases and uses 

in the office building should be a 

biobased interior paint (provided it 

meets the specifications for the 

designated item ‘‘interior paints and 

coatings’’). The exemption does apply, 

however, if the product being purchased 

by the contractor is for use in combat or 

combat-related missions or for use in 

space or launch applications. After 

reviewing the regulatory requirement 

and their contract, where a contractor 

has any question on the exemption, they 

should contact the cognizant contracting 

officer. 

USDA points out that it is not the 

intent of these exemptions to imply that 

biobased products are inferior to nonbiobased products. If manufacturers of 

biobased products can meet the 

concerns of these two agencies, USDA is 

willing to reconsider such exemptions 

on an item-by-item basis. Any changes 

to the current exemptions would be 

announced in a proposed rule 

amendment with an opportunity for 

public comment. 

The proposed designated items are 

discussed in the following sections. 

1. Disposable Tableware (Minimum 

Biobased Content 72 Percent) 1

Disposable tableware is one-time-use 

drink ware and dishware, including 

cups, plates, bowls, and serving platters 

used for dining. 

USDA identified 19 different 

manufacturers and suppliers of 65 

biobased disposable tableware products. 

These 19 manufacturers and suppliers 

do not necessarily include all 

manufacturers and suppliers of biobased 

disposable tableware, merely those 

identified during USDA information 

gathering activities. Relevant product 

information supplied by these 

manufacturers and suppliers indicates 

that these products are being used 

commercially. In addition, 

manufacturers and stakeholders 

identified two performance standards 

and one product certification (as shown 

below) used in evaluating products 

within this item. While there may be 

additional performance standards, as 


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well as test methods, product 

certifications, and other measures of 

performance applicable to products 

within this item, those identified by 

manufacturers of product within this 

item are: 

Performance Standards 

• ASTM D6400, ‘‘Standard 

Specification for Compostable Plastics;’’ 

and 

• ASTM D6868, ‘‘Standard 

Specification for Biodegradable Plastics 

Used as Coatings on Paper and Other 

Compostable Substrates.’’ 

Product Certifications and Other 

Measures 

• Biodegradable Products Institute 

certified compostable plastic products 

will biodegrade and compost 

satisfactorily in actively managed 

compost facilities. 

USDA contacted procurement 

officials with various policy-making and 

procuring agencies including GSA, 

several offices within the Defense 

Logistics Agency, OFEE, USDA 

Departmental Administration, the 

National Park Service, EPA, Oak Ridge 

National Laboratory, and OMB in an 

effort to gather information on the 

purchases of disposable tableware and 

products within the other eight items 

proposed for designation today. 

Communications with these officials led 

to the conclusion that obtaining credible 

current usage statistics and specific 

potential markets within the Federal 

government for biobased products 

within the nine proposed designated 

items is not possible at this time. 

Most of the contacted officials 

reported that procurement data are 

reported in higher level groupings of 

materials and supplies than the 

proposed designated items. Using terms 

that best match the items in today’s 

proposed rule, USDA queried the GSA 

database for Federal purchases of 

products within today’s proposed items. 

The results indicate purchases of 

products within items in today’s 

proposed rule. The results of this 

inquiry can be found in the technical 

support document for this proposed 

rule. Also, the purchasing of such 

materials as part of contracted services 

and with individual purchase cards 

used to purchase products locally 

further obscures credible data on 

purchases of specific products. 

USDA also investigated the Web site 

FEDBIZOPPS.gov, a site which lists 

Federal contract purchase opportunities 

greater than $25,000. The information 

provided on this Web site, however, is 

for broad categories of products rather 

than the specific types of products that 

are included in today’s proposed rule. 

Therefore, USDA has been unable to 

obtain data on the amount of disposable 

tableware purchased by procuring 

agencies. However, Federal agencies 

routinely procure such products and 

contract for food preparation services 

involving the use of such products. 

Thus, they have a need for disposable 

tableware and for services that use 

disposable tableware. Designation of 

‘‘disposable tableware’’ will promote the 

use of biobased products, furthering the 

objectives of this program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased disposable tableware 

was performed for one of the products 

using the BEES analytical tool. The 

results of that analysis are presented in 

the TSD for the Round 6 items, which 

can be found on the BioPreferred Web 

site. 

2. Expanded Polystyrene (EPS) Foam 

Recycling Products (Minimum Biobased 

Content 90 Percent) 

These are products formulated to 

dissolve EPS foam (examples would 

include foam coolers, hot drink cups, 

and flotation devices) to reduce the 

volume of recycled or discarded EPS 

foam items. The products are sprayed 

on the EPS foam, which is quickly 

dissolved into a concentrated material 

that can then be recycled or landfilled. 

The primary uses of these products are 

in recycling operations and 

construction/demolition projects. 

USDA identified two manufacturers 

and one supplier of two biobased EPS 

foam recycling products. These 

manufacturers and supplier do not 

necessarily include all manufacturers of 

biobased EPS foam recycling products, 

merely those identified during USDA 

information gathering activities. 

Information supplied by the 

manufacturers and supplier indicates 

that these products are being used 

commercially. However, manufacturers 

and stakeholders contacted by USDA 

did not identify any applicable 

performance standards, test methods, or 

other industry measures of performance 

against which these products have been 

tested. USDA points out that the lack of 

identified performance standards is not 

relevant to the designation of an item for 

preferred procurement because it is not 

one of the criteria section 9002 requires 

USDA to consider in order to designate 

an item for preferred procurement. If 

and when performance standards, test 

methods, product certifications, and 

other relevant measures of performance 

are identified for this item, USDA will 

provide such information on the 

BioPreferred Web site. 

USDA attempted to gather data on the 

potential market for biobased products 

within the Federal government using 

the procedure described in the section 

on ‘‘disposable tableware.’’ These 

attempts were largely unsuccessful. 

USDA is aware that products used for 

recycling EPS foam represent a 

developing application that will be 

working into the market and that there 

are many potential applications where 

Federal facilities could benefit from this 

technology. For example, at this time, 

there is a project on the Lake of the 

Ozarks (Corps of Engineers) to recycle 

EPS foam from boat docks to prevent the 

material from getting into the power 

generation plants. Thus, USDA believes 

that designation of ‘‘EPS foam recycling 

products’’ will promote the use of 

biobased products, furthering the 

objectives of this program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased EPS foam recycling 

products was performed for one of the 

products using the BEES analytical tool. 

The results of that analysis are 

presented in the TSD for the Round 6 

items, which can be found on the 

BioPreferred Web site. 

3. Heat Transfer Fluids (Minimum 

Biobased Content 89 Percent) 

Heat transfer fluids are products with 

high thermal capacities used to facilitate 

the transfer of heat from one location to 

another, including coolants or 

refrigerants for use in HVAC 

applications, internal combustion 

engines, personal cooling devices, 

thermal energy storage, or other heating 

or cooling closed-loops. 

USDA identified five manufacturers 

and suppliers of six heat transfer fluids. 

These five manufacturers and suppliers 

do not necessarily include all 

manufacturers and suppliers of heat 

transfer fluids, merely those identified 

during USDA information gathering 

activities. Information supplied by these 

manufacturers and suppliers indicates 

that these products are being used 

commercially. However, manufacturers 

and stakeholders contacted by USDA 

did not identify any performance 

standards, test methods, or applicable 

industry measures of performance 

against which these products have been 

tested. As noted earlier in this preamble, 

the lack of identified performance 

standards is not relevant to the 

designation of an item for preferred 

procurement because it is not one of the 

criteria section 9002 requires USDA to 

consider in order to designate an item 

for preferred procurement. If and when 

performance standards, test methods, 

and other relevant measures of 


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performance are identified for this item, 

USDA will provide such information on 

the BioPreferred Web site. 

USDA attempted to gather data on the 

potential market for heat transfer fluids 

within the Federal government as 

discussed in the section on ‘‘disposable 

tableware.’’ These attempts were largely 

unsuccessful. However, most Federal 

agencies routinely perform, or procure 

services to perform, activities that use 

these products. Thus, they have a need 

for heat transfer fluids and for services 

that require the use of heat transfer 

fluids. Designation of ‘‘heat transfer 

fluids’’ will promote the use of biobased 

products, furthering the objectives of 

this program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased heat transfer fluids 

was performed for two of the products 

using the BEES analytical tool. The 

results of those analyses are presented 

in the TSD for the Round 6 items, which 

can be found on the BioPreferred Web 

site. 

4. Ink Removers and Cleaners 

(Minimum Biobased Content 79 

Percent) 

Ink removers and cleaners are 

chemicals used for removing ink, haze, 

glaze, and other residual ink 

contaminants from ink presses, rollers, 

and other equipment used in the 

printing and textile industries. 

USDA identified nine manufacturers 

and suppliers of 15 biobased ink 

removers and cleaners. These nine 

manufacturers and suppliers do not 

necessarily include all manufacturers 

and suppliers of biobased ink removers 

and cleaners, merely those identified 

during USDA information gathering 

activities. Information supplied by these 

manufacturers and suppliers indicates 

that these products are being used 

commercially. However, manufacturers 

and stakeholders contacted by USDA 

did not identify any applicable 

performance standards, test methods, or 

other industry measures of performance 

against which these products have been 

tested. As noted earlier in this preamble, 

the lack of identified performance 

standards is not relevant to the 

designation of an item for preferred 

procurement because it is not one of the 

criteria section 9002 requires USDA to 

consider in order to designate an item 

for preferred procurement. If and when 

performance standards, test methods, 

product certifications, and other 

relevant measures of performance are 

identified for this item, USDA will 

provide such information on the 

BioPreferred Web site. 

USDA attempted to gather data on the 

potential market for biobased products 

within the Federal government as 

discussed in the section on ‘‘disposable 

tableware.’’ These attempts were largely 

unsuccessful. However, Federal 

agencies (e.g., Bureau of Engraving and 

Printing) have ink presses and similar 

equipment that would be cleaned with 

such products. In addition, such Federal 

agencies may contract for cleaning 

services that would use such products. 

Thus, they have a need for ink removers 

and cleaners and for services that 

require the use of ink removers and 

cleaners. Designation of ‘‘ink removers 

and cleaners’’ will promote the use of 

biobased products, furthering the 

objectives of this program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased ink removers and 

cleaners was performed for one of the 

products using the BEES analytical tool. 

The results of that analysis are 

presented in the TSD for the Round 6 

items, which can be found on the 

BioPreferred Web site. 

5. Mulch and Compost Materials 

(Minimum Biobased Content 95 

Percent) 

Mulch is a protective covering placed 

atop the soil, primarily to keep down 

weeds and to improve the appearance of 

landscaping. Compost is the aerobically 

decomposed remnants of organic 

materials used in gardening and 

agriculture as a soil amendment, and 

commercially by the landscaping and 

container nursery industries. 

USDA identified 67 manufacturers 

and suppliers of 232 mulch and 

compost materials. These 67 

manufacturers and suppliers do not 

necessarily include all manufacturers of 

mulch and compost materials, merely 

those identified during USDA 

information gathering activities. 

Information supplied by the 

manufacturers and suppliers indicates 

that these products are being used 

commercially. In addition, 

manufacturers and stakeholders 

identified three test methods (as shown 

below) used in evaluating products 

within this item. While other test 

methods and measures of performance, 

as well as performance standards, 

applicable to products within this item 

may exist, the three test methods 

identified by manufacturers of products 

within this item and by others are: 

Test Methods 

• ASTM International C16 Standard 

Test Method for Load Testing Refractory 

Shapes at High Temperatures; 

• ASTM International D18 Standard 

Test Method for Sieve Analysis of Fine 

and Coarse Aggregates; and 

• ASTM International D790 Standard 

Test Methods for Flexural Properties of 

Unreinforced and Reinforced Plastics 

and Electrical Insulating Materials. 

USDA attempted to gather data on the 

potential market for mulch and compost 

materials within the Federal 

government using the procedure 

described in the section on ‘‘disposable 

tableware.’’ These attempts were largely 

unsuccessful. However, many Federal 

agencies routinely perform activities 

that use these products. In addition, 

many Federal agencies contract for 

activities involving the use of such 

products. Thus, they have a need for 

mulch and compost materials and for 

services that use mulch. Designation of 

‘‘mulch and compost materials’’ will 

promote the use of biobased products, 

furthering the objectives of this 

program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased mulch and compost 

materials was performed for one of the 

products using the BEES analytical tool. 

The results of that analysis are 

presented in the TSD for the Round 6 

items, which can be found on the 

BioPreferred Web site. 

6. Multipurpose Lubricants (Minimum 

Biobased Content 88 Percent) 

Multipurpose lubricants are products 

designed to reduce friction or rust in a 

variety of industrial settings. Products 

within this item are typically in liquid 

form. Greases, which are lubricants 

composed of oils thickened to a 

semisolid or solid consistency using 

soaps, polymers or other solids, or other 

thickeners, are not included in this 

item. In addition, as proposed, taskspecific lubricants, such as chain and 

cable lubricants and gear lubricants, 

would not be included in this item. 

Qualifying products within this item 

may overlap with the EPA-designated 

recovered content product: ‘‘Re-refined 

lubricating oils.’’ 

USDA identified 16 manufacturers 

and suppliers of 27 biobased 

multipurpose lubricant products. These 

16 manufacturers and suppliers do not 

necessarily include all manufacturers 

and suppliers of biobased multipurpose 

lubricants, merely those identified 

during USDA information gathering 

activities. Information supplied by these 

manufacturers and suppliers indicates 

that these products are being used 

commercially. In addition, 

manufacturers and stakeholders 

identified several test methods and 

other measures of performance (as 


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shown below) used in evaluating 

products within this item. While other 

test methods and other measures of 

performance, as well as product 

certifications, and performance 

standards, applicable to products within 

this item may exist, those test methods 

and other measures of performance 

identified by manufacturers of products 

within this item and by others are: 

Test Methods 

• ASTM D1748, ‘‘Standard Test 

Method for Rust Protection By Metal 

Preservatives in the Humidity Cabinet;’’ 

• ASTM D2266, ‘‘Standard Test 

Method for Wear Preventive 

Characteristics of Lubricating Grease 

(Four Ball Method);’’ 

• ASTM D130, ‘‘Standard Test 

Method for Corrosiveness to Copper 

from Petroleum Products by Copper 

Strip Test;’’ 

• ASTM D482, ‘‘Standard Test 

Method for Ash from Petroleum 

Products;’’ 

• ASTM D5864, ‘‘Standard Test 

Method for Determining Aerobic 

Aquatic Biodegradation of Lubricants or 

Their Components;’’ 

• ASTM D665, ‘‘Standard Test 

Method for Rust-Preventing 

Characteristics of Inhibited Mineral Oil 

in the Presence of Water;’’ 

• ASTM D92, ‘‘Standard Test Method 

for Flash and Fire Points by Cleveland 

Open Cup Tester;’’ 

• ASTM D97, ‘‘Standard Test Method 

for Pour Point of Petroleum Products;’’ 

• ASTM D972, ‘‘Standard Test 

Method for Evaporative Loss of 

Lubricating Greases and Oils;’’ and 

• Vickers I–286–S Tests for pump 

wear. 

Product Certifications and Other 

Measures 

• API GL–1 Service Designation 

denotes lubricants intended for manual 

transmissions operating under such 

mild conditions that straight petroleum 

or refined petroleum oil may be used 

satisfactorily; 

• ISO 32 Calibration in analytical 

chemistry and use of certified reference 

materials; 

• ISO 68 International Standards 

Organization Viscosity Guide; and 

• Society of Automotive Engineers 

SAE 30 J300 Engine Oil Viscosity 

Classification. 

USDA attempted to gather data on the 

potential market for biobased products 

within the Federal government as 

discussed in the section on ‘‘disposable 

tableware.’’ These attempts were largely 

unsuccessful. However, many Federal 

agencies routinely perform, or procure 

contract services to perform, activities 

that use machinery that requires 

multipurpose lubricants. Thus, they 

have a need for multipurpose lubricants. 

Designation of ‘‘multipurpose 

lubricants’’ will promote the use of 

biobased products, furthering the 

objectives of this program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased multipurpose 

lubricants was performed for two of the 

products using the BEES analytical tool. 

The results of those analyses are 

presented in the TSD for the Round 6 

items, which can be found on the 

BioPreferred Web site. 

7. Office Paper (Minimum Biobased 

Content 95 Percent) 

Office paper products are papers used 

in office printer and copier applications, 

writing, and coated papers for 

publications. 

USDA identified 13 manufacturers 

and suppliers of 20 different biobased 

office papers. These 13 manufacturers 

and suppliers do not necessarily include 

all manufacturers and suppliers of 

biobased office paper, merely those 

identified during USDA information 

gathering activities. Information 

supplied by these manufacturers and 

suppliers indicates that these products 

are being used commercially. In 

addition, manufacturers and 

stakeholders identified one performance 

standard (as shown below) used in 

evaluating products within this item. 

While other test methods and measures 

of performance, as well as performance 

standards, applicable to products within 

this item may exist, the performance 

standard identified by manufacturers of 

products within this item and by others 

is: 

Performance Standard 

• JCP A230 Printing Paper—High 

Yield Coated Opaque Offset (Light 

Coating). 

USDA attempted to gather data on the 

potential market for office paper within 

the Federal government as discussed in 

the section on ‘‘disposable tableware.’’ 

These attempts were largely 

unsuccessful. However, Federal 

agencies routinely perform activities 

that require the use of office paper. In 

addition, many Federal agencies 

contract for activities involving the use 

of such products. Thus, they have a 

need for office paper and for services 

that require the use of such products. 

Designation of ‘‘office paper’’ will 

promote the use of biobased products, 

furthering the objectives of this 

program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased office papers was 

performed for one of the products using 

the BEES analytical tool. The results of 

that analysis are presented in the TSD 

for the Round 6 items, which can be 

found on the BioPreferred Web site. 

8. Topical Pain Relief Products 

(Minimum Biobased Content 91 

Percent) 

Topical pain relief products are 

balms, creams and other topical 

treatments for the relief of muscle, joint, 

headache, and nerve pain, as well as 

sprains, bruises, swelling, and other 

aches. 

USDA identified 30 manufacturers of 

48 biobased packaging material 

products. The 30 manufacturers do not 

necessarily include all manufacturers of 

biobased topical pain relief products, 

merely those identified during USDA 

information gathering activities. 

Information supplied by these 

manufacturers indicates that these 

products are being used commercially. 

However, manufacturers and 

stakeholders contacted by USDA did not 

identify any applicable performance 

standards, test methods, or other 

industry measures of performance 

against which these products have been 

tested. USDA points out that the lack of 

identified performance standards is not 

relevant to the designation of an item for 

preferred procurement because it is not 

one of the criteria section 9002 requires 

USDA to consider in order to designate 

an item for preferred procurement. If 

and when performance standards, test 

methods, and other relevant measures of 

performance are identified for this item, 

USDA will provide such information on 

the BioPreferred Web site. 

USDA attempted to gather data on the 

potential market for topical pain relief 

products within the Federal government 

as discussed in the section on 

‘‘disposable tableware.’’ These attempts 

were largely unsuccessful. However, 

most Federal agencies routinely use, 

and procure services that use topical 

pain relief products. Thus, they have a 

need for topical pain relief products and 

for services that require the use of 

topical pain relief products. Designation 

of ‘‘topical pain relief products’’ will 

promote the use of biobased products, 

furthering the objectives of this 

program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased topical pain relief 

products was performed for two of the 

products using the BEES analytical tool. 

The results of those analyses are 

presented in the TSD for the Round 6 

items, which can be found on the 

BioPreferred Web site. 


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2ASTM D6866, ‘‘Standard Test Methods for 

Determining the Biobased Content of Natural Range 

Materials Using Radiocarbon and Isotope Ratio 

Mass Spectrometry Analysis,’’ is used to distinguish 

between carbon from fossil resources (non-biobased 

carbon) and carbon from renewable sources 

(biobased carbon). The biobased content is 

expressed as the percentage of total carbon that is 

biobased carbon. 

9. Turbine Drip Oils (Minimum 

Biobased Content 87 Percent) 

Turbine drip oils are lubricants for 

use in drip lubrication systems for water 

well line shaft bearings, water turbine 

bearings for irrigation pumps, and other 

turbine bearing applications. 

USDA identified four manufacturers 

and suppliers of four different biobased 

turbine drip oils. These four 

manufacturers and suppliers do not 

necessarily include all manufacturers 

and suppliers of biobased turbine drip 

oils, merely those identified during 

USDA information gathering activities. 

Information supplied by these 

manufacturers and suppliers indicates 

that these products are being used 

commercially. In addition, 

manufacturers and stakeholders 

identified nine test methods (as shown 

below) used in evaluating products 

within this item. While other test 

methods and measures of performance, 

as well as performance standards, 

applicable to products within this item 

may exist, the nine test methods 

identified by manufacturers of products 

within this item and by others are: 

Test Methods 

• ASTM International D2619 

Standard Test Method for Hydrolytic 

Stability of Hydraulic Fluids (Beverage 

Bottle Method); 

• ASTM International D2983 

Standard Test Method for LowTemperature Viscosity of Lubricants 

Measured by Brookfield Viscometer; 

• ASTM International D5864 

Standard Test Method for Determining 

Aerobic Aquatic Biodegradation of 

Lubricants or Their Components; 

• ASTM International D665 Standard 

Test Method for Rust-Preventing 

Characteristics of Inhibited Mineral Oil 

in the Presence of Water; 

• ASTM International D892 Standard 

Test Method for Foaming Characteristics 

of Lubricating Oils; 

• International Organization for 

Standardization ISO 32 Oil Viscosity 

Grade; 

• International Organization for 

Standardization ISO 46 Oil Viscosity 

Grade; 

• Society of Automotive Engineers 

SAE 10W20 J300 Engine Oil Viscosity 

Classification; and 

• Society of Automotive Engineers 

SAE 10W30 J300 Engine Oil Viscosity 

Classification. 

USDA attempted to gather data on the 

potential market for turbine drip oils 

within the Federal government as 

discussed in the section on ‘‘disposable 

tableware.’’ These attempts were largely 

unsuccessful. However, Federal 

agencies have facilities that require the 

use of turbine drip oils. In addition, 

Federal agencies may procure contract 

maintenance services that require the 

use of turbine drip oils. Thus, they have 

a need for turbine drip oils and for 

services that require the use of such 

products. Designation of ‘‘turbine drip 

oils’’ will promote the use of biobased 

products, furthering the objectives of 

this program. 

An analysis of the environmental and 

human health benefits and the life-cycle 

costs of biobased turbine drip oils was 

performed for one of the products using 

the BEES analytical tool. The results of 

that analysis are presented in the TSD 

for the Round 6 items, which can be 

found on the BioPreferred Web site. 

C. Minimum Biobased Contents 

USDA has determined that setting a 

minimum biobased content for 

designated items is appropriate. 

Establishing a minimum biobased 

content will encourage competition 

among manufacturers to develop 

products with higher biobased contents 

and will prevent products with de 

minimis biobased content from being 

purchased as a means of satisfying the 

requirements of section 9002. USDA 

believes that it is in the best interest of 

the preferred procurement program for 

minimum biobased contents to be set at 

levels that will realistically allow 

products to possess the necessary 

performance attributes and allow them 

to compete with non-biobased products 

in performance and economics. Setting 

the minimum biobased content for an 

item at a level met by several of the 

tested products will provide more 

products from which procurement 

officials may choose, will encourage the 

most widespread usage of biobased 

products by procuring agencies, and is 

expected to accomplish the objectives of 

section 9002. 

As discussed in Section IV.A of this 

preamble, USDA relied entirely on 

manufacturers’ voluntary submission of 

samples to support the proposed 

designation of these items. The data 

presented in the following paragraphs 

are the test results from all of the 

product samples that were submitted for 

analysis. 

As a result of public comments 

received on the first designated items 

rulemaking proposal, USDA decided to 

account for the slight imprecision in the 

analytical method used to determine 

biobased content of products when 

establishing the minimum biobased 

content. Thus, rather than establishing 

the minimum biobased content for an 

item at the tested biobased content of 

the product selected as the basis for the 

minimum value, USDA is establishing 

the minimum biobased content at a 

level three (3) percentage points less 

than the tested value. USDA believes 

that this adjustment is appropriate to 

account for the expected variations in 

analytical results. 

USDA encourages procuring agencies 

to seek products with the highest 

biobased content that is practicable in 

all of the proposed designated items. To 

assist the procuring agencies in 

determining which products have the 

highest biobased content, USDA will 

update the information in the biobased 

products catalog to include the biobased 

content of each product. Those products 

within each designated item that have 

the highest biobased content will be 

listed first and others will be listed in 

descending order. USDA is specifically 

requesting comments on the proposed 

minimum biobased contents of 

designated items and also requests 

additional data that can be used to reevaluate the appropriateness of the 

proposed minimum biobased contents. 

As the market for biobased products 

develops and USDA obtains additional 

biobased content data, it will re-evaluate 

the established minimum biobased 

contents of designated items and 

consider raising them whenever 

justified. 

The following paragraphs summarize 

the information that USDA used to 

propose minimum biobased contents 

within each proposed designated item. 

1. Disposable Tableware 

Ten of the 65 biobased disposable 

tableware products identified have been 

tested for biobased content using ASTM 

D6866.2 The biobased contents of these 

10 biobased disposable tableware 

ranged from 32 percent to 100 percent, 

as follows: 32, 75, 90, 92, 98, and 100 

percent (five products). 

Considering that the range of biobased 

contents is large and there is a 

significant gap in the data points 

between the 32 and 75 percent biobased 

products, USDA evaluated the 

information available on these products 

to determine if there was justification 

for creating subcategories. USDA 

considered the possibility of creating 

subcategories based on product 

performance (e.g., high temperature 

versus cold temperature applications), 


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formulation, biodegradability 

characteristics, or product function (e.g., 

plates, bowls, cups, cup lids). However, 

USDA found that there was not 

sufficient information to create 

subcategories. USDA also found no 

unique features found in the 32 percent 

biobased product that would justify 

considering that product when setting 

the minimum biobased content for the 

item. USDA requests that manufacturers 

provide information on the product 

characteristics mentioned above. If 

sufficient supporting data can be 

obtained, USDA will consider creating 

subcategories within this item in the 

final rule. Because of the lack of 

supporting data for subcategorization at 

this time, USDA is proposing to set the 

minimum biobased content for 

disposable tableware at 72 percent, 

based on the product with a tested 

biobased content of 75 percent. 

2. EPS Foam Recycling Products 

One of the two biobased EPS foam 

recycling products identified has been 

tested for biobased content using ASTM 

D6866. The biobased content of this EPS 

foam recycling product was 93 percent. 

USDA believes that this product 

adequately represents currently 

available products within this item and 

is, therefore, proposing to set the 

minimum biobased content for this item 

at 90 percent, based on the one tested 

product. 

3. Heat Transfer Fluids 

Three of the six biobased heat transfer 

fluids identified have been tested for 

biobased content using ASTM D6866. 

The biobased contents of these three 

biobased heat transfer fluids range from 

37 percent to 99 percent as follows: 37, 

92, and 99 percent. There is a significant 

break between the 37 percent biobased 

product and the 92 percent product, and 

USDA found no performance features 

claimed for the 37 percent product that 

justified setting the minimum biobased 

content based on that product. Because 

the biobased contents of the remaining 

two products are within a narrow range, 

USDA is proposing to set the minimum 

biobased content for heat transfer fluids 

at 89 percent, based on the product with 

a tested biobased content of 92 percent. 

4. Ink Removers and Cleaners 

Five of the 15 biobased ink removers 

and cleaners identified have been test 

for biobased content using ASTM 

D6866. The biobased contents of these 

five biobased ink removers and cleaners 

are 5, 22, 31, 82, and 85 percent. 

The tested biobased contents of the 

five products, as shown above, range 

from 5 to 85 percent. Because this is a 

very wide range, and because there is a 

significant gap in the data between the 

31 percent biobased product and the 82 

percent biobased product, USDA 

reviewed the product literature to 

determine whether subcategories could 

be created within this item. USDA 

found that the available product 

information did not justify 

subcategorization. Further, USDA did 

not find any performance claims that 

would justify setting the minimum 

biobased content based on the 5, 22, or 

31 percent biobased content products. 

Thus, USDA is proposing to set the 

minimum biobased content for this item 

at 79 percent, based on the product with 

a tested biobased content of 82 percent. 

While USDA does not currently have 

data to support subcategories within 

this item, we continue to question 

whether products designed for 

continuous cleaning operations and 

those designed for infrequent use (such 

as in periodic maintenance) should be 

in different subcategories. USDA 

requests that manufacturers of products 

within this item provide information 

regarding the need to create 

subcategories within this item. 

5. Mulch and Compost Materials 

Seven of the 232 biobased mulch and 

compost materials identified have been 

tested for biobased content using ASTM 

D6866. The biobased contents of these 

seven biobased mulch and compost 

materials ranged from 98 percent to 100 

percent, as follows: 98, 98, 100, 100, 

100, 100, and 100. 

Because the biobased contents of the 

seven products are within a narrow 

range, USDA is proposing to set the 

minimum biobased content for mulch 

and compost materials at 95 percent, 

based on the two products with tested 

biobased contents of 98 percent. 

6. Multipurpose Lubricants 

Four of the 30 biobased multipurpose 

lubricants identified have been tested 

for biobased content using ASTM 

D6866. The biobased contents of these 

four biobased multipurpose lubricants 

ranged from 91 percent to 100 percent 

as follows: 91, 93, 100, and 100 percent. 

Because the range of biobased 

contents among the tested products is so 

small, USDA is proposing to set the 

minimum biobased content for this item 

at 88 percent based on the product with 

a tested biobased content of 91 percent. 

7. Office Paper 

Seven of the 20 biobased office paper 

products identified have been tested for 

biobased content using ASTM D6866. 

The biobased contents of these seven 

biobased office paper products range 

from 98 to 100 percent, as follows: 98, 

99, 100, 100, 100, 100 and 100 percent. 

Because the range of these seven values 

is very narrow, USDA is proposing to 

set the minimum biobased content for 

this item at 95 percent, based on the 

product with a tested biobased content 

of 98 percent. 

8. Topical Pain Relief Products 

Five of the 48 biobased topical pain 

relief products identified have been 

tested for biobased content using ASTM 

D6866. The biobased contents of these 

five biobased topical pain relief 

products range from 94 to 100 percent, 

as follows: 94, 99, 100, 100 and 100 

percent. Because the biobased contents 

of the five tested products are within a 

narrow range and the values are high, 

USDA is proposing to set the minimum 

biobased content for topical pain relief 

products at 91 percent, based on the 

product with a tested biobased content 

of 94 percent. 

9. Turbine Drip Oils 

Three of the four biobased turbine 

drip oils identified have been tested for 

biobased content using ASTM D6866. 

The biobased contents of these three 

biobased turbine drip oils are as follows: 

90, 95, and 96 percent. Because the 

biobased contents of the three tested 

products are within a narrow range and 

the values are high, USDA is proposing 

to set the minimum biobased content for 

turbine drip oils at 87 percent, based on 

the product with a tested biobased 

content of 90 percent. 

D. Compliance Date for Procurement 

Preference and Incorporation Into 

Specifications 

USDA intends for the final rule to 

take effect thirty (30) days after 

publication of the final rule. However, 

as proposed, procuring agencies would 

have a one-year transition period, 

starting from the date of publication of 

the final rule, before the procurement 

preference for biobased products within 

a designated item would take effect. 

USDA is proposing a one-year period 

before the procurement preferences 

would take effect based on recognizing 

that Federal agencies will need time to 

incorporate the preferences into 

procurement documents and to revise 

existing standardized specifications. 

Section 9002(a)(3) and section 2902(c) 

of 7 CFR part 2902 explicitly 

acknowledge the latter need for Federal 

agencies to have sufficient time to revise 

the affected specifications to give 

preference to biobased products when 

purchasing the designated items. 

Procuring agencies will need time to 

evaluate the economic and 


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technological feasibility of the available 

biobased products for their agencyspecific uses and for compliance with 

agency-specific requirements, including 

manufacturers’ warranties for 

machinery in which the biobased 

products would be used. 

By the time these items are 

promulgated for designation, Federal 

agencies will have had a minimum of 18 

months (from the date of this Federal 

Register notice), and much longer 

considering when the Guidelines were 

first proposed and these requirements 

were first laid out, to implement these 

requirements. 

For these reasons, USDA proposes 

that the mandatory preference for 

biobased products under the designated 

items take effect one year after 

promulgation of the final rule. The oneyear period provides these agencies 

with ample time to evaluate the 

economic and technological feasibility 

of biobased products for a specific use 

and to revise the specifications 

accordingly. However, some agencies 

may be able to complete these processes 

more expeditiously, and not all uses 

will require extensive analysis or 

revision of existing specifications. 

Although it is allowing up to one year, 

USDA encourages procuring agencies to 

implement the procurement preferences 

as early as practicable for procurement 

actions involving any of the designated 

items. 

V. Where Can Agencies Get More 

Information on These USDA-Designated 

Items? 

Information used to develop this 

proposed rule can be found in the 

technical support document, which can 

be accessed on the BioPreferred Web 

site, which is located at: http:// 

www.biopreferred.gov. At the 

BioPreferred Web site, click on the 

Proposed and Final Regulations link on 

the left side of the page. At the next 

screen, click on the Supporting 

Documentation link under Round 6 

Designated Items under the Proposed 

Regulations section. 

Further, once the item designations in 

today’s proposal become final, 

manufacturers and vendors voluntarily 

may make available information on 

specific products, including product 

and contact information, for posting by 

the Agency on the BioPreferred Web 

site. USDA will periodically audit the 

information displayed on the 

BioPreferred Web site and, where 

questions arise, contact the 

manufacturer or vendor to verify, 

correct, or remove incorrect or out-ofdate information. Procuring agencies 

should contact the manufacturers and 

vendors directly to discuss specific 

needs and to obtain detailed 

information on the availability and 

prices of biobased products meeting 

those needs. 

By accessing the BioPreferred Web 

site, agencies will also be able to obtain 

the voluntarily-posted information on 

each product concerning: Relative price; 

life-cycle costs; hot links directly to a 

manufacturer’s or vendor’s Web site (if 

available); performance standards 

(industry, government, military, ASTM/ 

ISO) that the product has been tested 

against; and environmental and public 

health information from the BEES 

analysis or the alternative analysis 

embedded in the ASTM Standard 

D7075, ‘‘Standard Practice for 

Evaluating and Reporting 

Environmental Performance of Biobased 

Products.’’ 

USDA has linked the BioPreferred 

Web site to DoD’s list of specifications 

and standards, which can be used as 

guidance when procuring products. To 

access this list, go to the BioPreferred 

Web site and click on the ‘‘Selling to 

Federal Government’’ tab and look for 

the DoD Specifications link. 

VI. Regulatory Information 

A. Executive Order 12866: Regulatory 

Planning and Review 

Executive Order 12866 requires 

agencies to determine whether a 

regulatory action is ‘‘significant.’’ The 

Order defines a ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: ‘‘(1) Have an annual 

effect on the economy of $100 million 

or more or adversely affect, in a material 

way, the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or Tribal 

governments or communities; (2) Create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order.’’ 

Today’s proposed rule has been 

determined to be significant for 

purposes of Executive Order 12866 and, 

therefore, has been reviewed by the 

Office of Management and Budget. We 

are not able to quantify the annual 

economic effect associated with today’s 

proposed rule. As discussed earlier in 

this preamble, USDA made extensive 

efforts to obtain information on the 

Federal agencies’ usage within the nine 

designated items. These efforts were 

largely unsuccessful. Therefore, 

attempts to quantify the economic 

impact of today’s proposed rule would 

require estimation of the anticipated 

market penetration of biobased products 

based upon many assumptions. In 

addition, because agencies have the 

option of not purchasing designated 

items if price is ‘‘unreasonable,’’ the 

product is not readily available, or the 

product does not demonstrate necessary 

performance characteristics, certain 

assumptions may not be valid. While 

facing these quantitative challenges, 

USDA relied upon a qualitative 

assessment to determine the impacts of 

today’s proposed rule. Consideration 

was also given to the fact that agencies 

may choose not to procure designated 

items due to unreasonable price. 

1. Summary of Impacts 

Today’s proposed rule is expected to 

have both positive and negative impacts 

on individual businesses, including 

small businesses. USDA anticipates that 

the biobased preferred procurement 

program will provide additional 

opportunities for businesses and 

manufacturers to begin supplying 

products under the proposed designated 

biobased items to Federal agencies and 

their contractors. However, other 

businesses and manufacturers that 

supply only non-qualifying products 

and do not offer biobased alternatives 

may experience a decrease in demand 

from Federal agencies and their 

contractors. USDA is unable to 

determine the number of businesses, 

including small businesses, that may be 

adversely affected by today’s proposed 

rule. The proposed rule, however, will 

not affect existing purchase orders, nor 

will it preclude businesses from 

modifying their product lines to meet 

new requirements for designated 

biobased products. Because the extent to 

which procuring agencies will find the 

performance, availability and/or price of 

biobased products acceptable is 

unknown, it is impossible to quantify 

the actual economic effect of the rule. 

As discussed in Section III of this 

preamble, USDA is requesting comment 

on how many small entities may be 

affected by this rule and on the nature 

and extent of that effect. 

2. Benefits of the Proposed Rule 

The designation of these items is 

expected to provide benefits as outlined 

in the objectives of section 9002; to 

increase domestic demand for many 

agricultural commodities that can serve 

as feedstocks for production of biobased 

products, and to spur development of 


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the industrial base through value-added 

agricultural processing and 

manufacturing in rural communities. On 

a national and regional level, today’s 

proposed rule can result in expanding 

and strengthening markets for biobased 

materials used in these items. 

3. Costs of the Proposed Rule 

Like the benefits, the costs of today’s 

proposed rule have not been quantified. 

Two types of costs are involved: Costs 

to producers of products that will 

compete with the preferred products 

and costs to Federal agencies to provide 

procurement preference for the 

preferred products. Producers of 

competing products may face a decrease 

in demand for their products to the 

extent Federal agencies refrain from 

purchasing their products. However, it 

is not known to what extent this may 

occur. Pre-award procurement costs for 

Federal agencies may rise minimally as 

the contracting officials conduct market 

research to evaluate the performance, 

availability and price reasonableness of 

preferred products before making a 

purchase. 

B. Regulatory Flexibility Act (RFA) 

The RFA, 5 U.S.C. 601–602, generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

USDA evaluated the potential impacts 

of its proposed designation of these 

items to determine whether its actions 

would have a significant impact on a 

substantial number of small entities. 

Because the preferred procurement 

program established under section 9002 

applies only to Federal agencies and 

their contractors, small governmental 

(city, county, etc.) agencies are not 

affected. Thus, the proposal, if 

promulgated, will not have a significant 

economic impact on small governmental 

jurisdictions. 

USDA anticipates that this program 

will affect entities, both large and small, 

that manufacture or sell biobased 

products. For example, the designation 

of items for preferred procurement will 

provide additional opportunities for 

businesses to manufacture and sell 

biobased products to Federal agencies 

and their contractors. Similar 

opportunities will be provided for 

entities that supply biobased materials 

to manufacturers. 

The intent of section 9002 is largely 

to stimulate the production of new 

biobased products and to energize 

emerging markets for those products. 

Because the program is still in its 

infancy, however, it is unknown how 

many businesses will ultimately be 

affected. While USDA has no data on 

the number of small businesses that may 

choose to develop and market biobased 

products within the items designated by 

this rulemaking, the number is expected 

to be small. Because biobased products 

represent a small emerging market, only 

a small percentage of all manufacturers, 

large or small, are expected to develop 

and market biobased products. Thus, 

the number of small businesses 

manufacturing biobased products 

affected by this rulemaking is not 

expected to be substantial. 

The preferred procurement program 

may decrease opportunities for 

businesses that manufacture or sell nonbiobased products or provide 

components for the manufacturing of 

such products. Most manufacturers of 

non-biobased products within the items 

being proposed for designation for 

preferred procurement in this rule are 

expected to be included under the 

following NAICS codes: 322231 (die-cut 

paper and paperboard office supplies 

manufacturing), 324191 (petroleum 

lubricating oil and grease 

manufacturing), 325211 (plastics 

materials and resin manufacturing), 

325411 (medicinal and botanical 

manufacturing), 325612 (polish and 

other sanitation goods manufacturing), 

325998 (other miscellaneous chemical 

products and preparation 

manufacturing), and 326150 (urethane 

and other foam product manufacturing). 

USDA obtained information on these 

seven NAICS categories from the U.S. 

Census Bureau’s Economic Census 

database. USDA found that the 

Economic Census reports about 3,696 

companies within these seven NAICS 

categories and that these companies 

own a total of about 4,478 

establishments. Thus, the average 

number of establishments per company 

is about 1.2. The Census data also 

reported that of the 4,478 individual 

establishments, about 4,450 (99.3 

percent) have less than 500 employees. 

USDA also found that the overall 

average number of employees per 

company among these industries is 

about 55, with the plastics materials and 

resins segment reporting the highest 

average (about 90 employees per 

company). Thus, nearly all of the 

businesses fall within the Small 

Business Administration’s definition of 

a small business (less than 500 

employees, in most NAICS categories). 

USDA does not have data on the 

potential adverse impacts on 

manufacturers of non-biobased products 

within the items being designated, but 

believes that the impact will not be 

significant. Most of the items being 

proposed for designation in this 

rulemaking are typical consumer 

products widely used by the general 

public and by industrial/commercial 

establishments that are not subject to 

this rulemaking. Thus, USDA believes 

that the number of small businesses 

manufacturing non-biobased products 

within the items being designated and 

selling significant quantities of those 

products to government agencies 

affected by this rulemaking to be 

relatively low. Also, this proposed rule 

will not affect existing purchase orders 

and it will not preclude procuring 

agencies from continuing to purchase 

non-biobased items when biobased 

items do not meet the availability, 

performance, or reasonable price 

criteria. This proposed rule will also not 

preclude businesses from modifying 

their product lines to meet new 

specifications or solicitation 

requirements for these products 

containing biobased materials. 

After considering the economic 

impacts of this proposed rule on small 

entities, USDA certifies that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

While not a factor relevant to 

determining whether the proposed rule 

will have a significant impact for RFA 

purposes, USDA has concluded that the 

effect of the rule will be to provide 

positive opportunities to businesses 

engaged in the manufacture of these 

biobased products. Purchase and use of 

these biobased products by procuring 

agencies increase demand for these 

products and result in private sector 

development of new technologies, 

creating business and employment 

opportunities that enhance local, 

regional, and national economies. 

C. Executive Order 12630: 

Governmental Actions and Interference 

With Constitutionally Protected Property 

Rights 

This proposed rule has been reviewed 

in accordance with Executive Order 

12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights, and does not 

contain policies that would have 

implications for these rights. 


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D. Executive Order 13132: Federalism 

This proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. Provisions of this proposed 

rule will not have a substantial direct 

effect on States or their political 

subdivisions or on the distribution of 

power and responsibilities among the 

various government levels. 

E. Unfunded Mandates Reform Act of 

1995 

This proposed rule contains no 

Federal mandates under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

2 U.S.C. 1531–1538, for State, local, and 

Tribal governments, or the private 

sector. Therefore, a statement under 

section 202 of UMRA is not required. 

F. Executive Order 12372: 

Intergovernmental Review of Federal 

Programs 

For the reasons set forth in the Final 

Rule Related Notice for 7 CFR part 3015, 

subpart V (48 FR 29115, June 24, 1983), 

this program is excluded from the scope 

of Executive Order 12372, which 

requires intergovernmental consultation 

with State and local officials. This 

program does not directly affect State 

and local governments. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Today’s proposed rule does not 

significantly or uniquely affect ‘‘one or 

more Indian Tribes, * * * the 

relationship between the Federal 

Government and Indian Tribes, or * * * 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes.’’ Thus, 

no further action is required under 

Executive Order 13175. 

H. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

through 3520), the information 

collection under this proposed rule is 

currently approved under OMB control 

number 0503–0011. 

I. e-Government Act Compliance 

USDA is committed to compliance 

with the e-Government Act, which 

requires Government agencies in general 

to provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. USDA is implementing 

an electronic information system for 

posting information voluntarily 

submitted by manufacturers or vendors 

on the products they intend to offer for 

preferred procurement under each 

designated item. For information 

pertinent to e-Government Act 

compliance related to this rule, please 

contact Ron Buckhalt at (202) 205–4008. 

List of Subjects in 7 CFR Part 2902 

Biobased products, Procurement. 

For the reasons stated in the 

preamble, the Department of Agriculture 

proposes to amend 7 CFR chapter XXIX 

as follows: 

CHAPTER XXIX—OFFICE OF ENERGY 

POLICY AND NEW USES 

PART 2902—GUIDELINES FOR 

DESIGNATING BIOBASED PRODUCTS 

FOR FEDERAL PROCUREMENT 

1. The authority citation for part 2902 

continues to read as follows: 

Authority: 7 U.S.C. 8102. 

2. Add §§ 2902.52 through 2902.60 to 

subpart B to read as follows: 

Sec. 

2902.52 Disposable tableware. 

2902.53 Expanded polystyrene (EPS) foam 

recycling products. 

2902.54 Heat transfer fluids. 

2902.55 Ink removers and cleaners. 

2902.56 Mulch and compost materials. 

2902.57 Multipurpose lubricants. 

2902.58 Office paper. 

2902.59 Topical pain relief products. 

2902.60 Turbine drip oils. 

§ 2902.52 Disposable tableware. 

(a) Definition. Products used in 

dining, such as drink ware and 

dishware, including but not limited to 

cups, plates, bowls, and serving platters, 

and that are designed for one-time use. 

This item does not include disposable 

cutlery, which is a separate item. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 72 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

disposable tableware. By that date, 

Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for items to be procured 

shall ensure that the relevant 

specifications require the use of 

biobased disposable tableware. 

§ 2902.53 Expanded polystyrene (EPS) 

foam recycling products. 

(a) Definition. Products formulated to 

dissolve EPS foam to reduce the volume 

of recycled or discarded EPS items. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 90 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased EPS 

foam recycling products. By that date, 

Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for items to be procured 

shall ensure that the relevant 

specifications require the use of 

biobased EPS foam recycling products. 

§ 2902.54 Heat transfer fluids. 

(a) Definition. Products with high 

thermal capacities used to facilitate the 

transfer of heat from one location to 

another, including coolants or 

refrigerants for use in HVAC 

applications, internal combustion 

engines, personal cooling devices, 

thermal energy storage, or other heating 

or cooling closed-loops. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 89 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased heat 

transfer fluids. By that date, Federal 

agencies that have the responsibility for 

drafting or reviewing specifications for 

items to be procured shall ensure that 

the relevant specifications require the 

use of biobased heat transfer fluids. 

§ 2902.55 Ink removers and cleaners. 

(a) Definition. Chemical products 

designed to remove ink, haze, glaze, and 

other residual ink contaminants from 

the surfaces of equipment, such as 

rollers, used in the textile and printing 

industries. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 79 percent, which shall be based 


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on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased ink 

removers and cleaners. By that date, 

Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for items to be procured 

shall ensure that the relevant 

specifications require the use of 

biobased ink removers and cleaners. 

§ 2902.56 Mulch and compost materials. 

(a) Definition. Products designed to 

provide a protective covering placed 

over the soil, primarily to keep down 

weeds and to improve the appearance of 

landscaping. Compost is the aerobically 

decomposed remnants of organic 

materials used in gardening and 

agriculture as a soil amendment, and 

commercially by the landscaping and 

container nursery industries. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 95 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

mulch and compost materials. By that 

date, Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for items to be procured 

shall ensure that the relevant 

specifications require the use of 

biobased mulch and compost materials. 

(d) Determining overlap with an EPAdesignated recovered content product. 

Qualifying products within this item 

may overlap with the EPA-designated 

recovered content product: Landscaping 

products—‘‘compost’’ and ‘‘hydraulic 

mulch’’. USDA is requesting that 

manufacturers of these qualifying 

biobased products provide information 

on the USDA Web site of qualifying 

biobased products about the intended 

uses of the product, information on 

whether or not the product contains any 

recovered material, in addition to 

biobased ingredients, and performance 

standards against which the product has 

been tested. This information will assist 

Federal agencies in determining 

whether or not a qualifying biobased 

product overlaps with EPA-designated 

landscaping products and which 

product should be afforded the 

preference in purchasing. 

Note to paragraph (d): Biobased mulch and 

compost materials within this designated 

item can compete with similar landscaping 

products with recycled content. Under the 

Resource Conservation and Recovery Act of 

1976, section 6002, the U.S. Environmental 

Protection Agency designated landscaping 

products containing recovered materials as 

items for which Federal agencies must give 

preference in their purchasing programs. The 

designation can be found in the 

Comprehensive Procurement Guideline, 40 

CFR 247.15. 

§ 2902.57 Multipurpose lubricants. 

(a) Definition. Products designed to 

provide lubrication under a variety of 

conditions and in a variety of industrial 

settings to prevent friction or rust. 

Greases, which are lubricants composed 

of oils thickened to a semisolid or solid 

consistency using soaps, polymers or 

other solids, or other thickeners, are not 

included in this item. In addition, taskspecific lubricants, such as chain and 

cable lubricants and gear lubricants, are 

not included in this item. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 88 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

multipurpose lubricants. By that date, 

Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for items to be procured 

shall ensure that the relevant 

specifications require the use of 

biobased multipurpose lubricants. 

(d) Determining overlap with an EPAdesignated recovered content product. 

Qualifying products within this item 

may overlap with the EPA-designated 

recovered content product: Re-refined 

lubricating oils. USDA is requesting that 

manufacturers of these qualifying 

biobased products provide information 

on the BioPreferred Web site about the 

intended uses of the product, 

information on whether or not the 

product contains any recovered 

material, in addition to biobased 

ingredients, and performance standards 

against which the product has been 

tested. This information will assist 

Federal agencies in determining 

whether or not a qualifying biobased 

product overlaps with EPA-designated 

re-refined lubricating oils and which 

product should be afforded the 

preference in purchasing. 

Note to paragraph (d): Biobased 

multipurpose lubricant products within this 

designated item can compete with similar 

multipurpose lubricant products with 

recycled content. Under the Resource 

Conservation and Recovery Act of 1976, 

section 6002, the U.S. Environmental 

Protection Agency designated re-refined 

lubricating oils containing recovered 

materials as items for which Federal agencies 

must give preference in their purchasing 

programs. The designation can be found in 

the Comprehensive Procurement Guideline, 

40 CFR 247.11. 

§ 2902.58 Office paper. 

(a) Definition. Paper products used in 

office printer and copier applications, 

writing, and coated papers for 

publications. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 95 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased office 

paper. By that date, Federal agencies 

that have the responsibility for drafting 

or reviewing specifications for items to 

be procured shall ensure that the 

relevant specifications require the use of 

biobased office paper. 

(d) Determining overlap with an EPAdesignated recovered content product. 

Qualifying products within this item 

may overlap with the EPA-designated 

recovered content product: Paper and 

paper products. USDA is requesting that 

manufacturers of these qualifying 

biobased products provide information 

on the USDA Web site of qualifying 

biobased products about the intended 

uses of the product, information on 

whether or not the product contains any 

recovered material, in addition to 

biobased ingredients, and performance 

standards against which the product has 

been tested. This information will assist 

Federal agencies in determining 

whether or not a qualifying biobased 

product overlaps with EPA-designated 

paper and paper products and which 

product should be afforded the 

preference in purchasing. 

Note to paragraph (d): Biobased office 

paper within this designated item can 


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compete with similar paper and paper 

products with recycled content. Under the 

Resource Conservation and Recovery Act of 

1976, section 6002, the U.S. Environmental 

Protection Agency designated paper and 

paper products containing recovered 

materials as items for which Federal agencies 

must give preference in their purchasing 

programs. The designation can be found in 

the Comprehensive Procurement Guideline, 

40 CFR 247.10. 

§ 2902.59 Topical pain relief products. 

(a) Definition. Products that can be 

balms, creams and other topical 

treatments used for the relief of muscle, 

joint, headache, and nerve pain, as well 

as sprains, bruises, swelling, and other 

aches. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 91 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

topical pain relief products. By that 

date, Federal agencies that have the 

responsibility for drafting or reviewing 

specifications for items to be procured 

shall ensure that the relevant 

specifications require the use of 

biobased topical pain relief products. 

§ 2902.60 Turbine drip oils. 

(a) Definition. Products that are 

lubricants for use in drip lubrication 

systems for water well line shaft 

bearings, water turbine bearings for 

irrigation pumps, and other turbine 

bearing applications. 

(b) Minimum biobased content. The 

preferred procurement product must 

have a minimum biobased content of at 

least 87 percent, which shall be based 

on the amount of qualifying biobased 

carbon in the product as a percent of the 

weight (mass) of the total organic carbon 

in the finished product. 

(c) Preference compliance date. No 

later than [date one year after the date 

of publication of the final rule], 

procuring agencies, in accordance with 

this part, will give a procurement 

preference for qualifying biobased 

turbine drip oils. By that date, Federal 

agencies that have the responsibility for 

drafting or reviewing specifications for 

items to be procured shall ensure that 

the relevant specifications require the 

use of biobased turbine drip oils. 

Dated: February 2, 2010. 

Pearlie S. Reed, 

Assistant Secretary for Administration, U.S. 

Department of Agriculture. 

[FR Doc. 2010–2651 Filed 2–9–10; 8:45 am] 

BILLING CODE 3410–93–P 


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