[Federal Register: October 16, 2002 (Volume 67, Number 200)]
[Proposed Rules]               
[Page 64009-64011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 64009]]


Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Parts 2, 11, and 23

Federal Acquisition Regulation; Energy-Efficient Standby Power Devices; 
Proposed Rule

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48 CFR Parts 2, 11, and 23

[FAR Case 2001-028]
RIN 9000-AJ47

Federal Acquisition Regulation; Energy-Efficient Standby Power 

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement Executive Order 
(E.O.) 13221 of July 31, 2001, Energy Efficient Standby Power Devices, 
and clarify requirements for the purchase of Environmental Protection 
Agency (EPA)-designated products.

DATES: Interested parties should submit comments in writing on or 
before December 16, 2002 to be considered in the formulation of a final 

ADDRESSES: Submit written comments to--

General Services Administration, FAR Secretariat (MVA), 1800 F Street, 
NW., Room 4035, Attn: Laurie Duarte, Washington, DC 20405.

    Submit electronic comments via the Internet to--farcase.2001-
    Please submit comments only and cite FAR case 2001-028 in all 
correspondence related to this case.

Building, Washington, DC, 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Laura Smith, Procurement Analyst, at (202) 208-
7279. Please cite FAR case 2001-028.


A. Background

    This proposed rule amends the FAR to implement E.O. 13221 and 
clarify requirements when purchasing EPA-designated products. The rule 
    1. A definition for ``energy-efficient standby power devices'' in 
FAR Subpart 2.1, Definitions; and
    2. Guidance on energy-efficient standby power devices at FAR Parts 
11, Describing Agency Needs, and 23, Environment, Energy and Water 
Efficiency, Renewable Energy Technologies, Occupational Safety, and 
Drug-Free Workplace; and
    3. Guidance on purchasing EPA-designated products in FAR sections 
23.405 and 23.406.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because this rule simply provides additional guidance to Government 
contracting and technical personnel with respect to the Government's 
preference, set forth in FAR Subparts 11.1, 23.2, and 23.4, for buying 
energy-efficient products and services and EPA-designated products that 
meet applicable EPA minimum recovered material content recommendations. 
An Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. We invite comments from small businesses and other 
interested parties. The Councils will consider comments from small 
entities concerning the affected FAR subparts in accordance with 5 
U.S.C. 610. Interested parties must submit such comments separately and 
should cite 5 U.S.C. 601, et seq. (FAR case 2001-028), in 

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 2, 11, and 23

    Government procurement.

    Dated: October 9, 2002.
Al Matera,
Director, Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 11, 
and 23 as set forth below:
    1. The authority citation for 48 CFR parts 2, 11, and 23 continues 
to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


    2. Amend section 2.101 by adding, in alphabetical order, the 
definition ``Energy-efficient standby power devices'' to read as 

2.101  Definitions.

* * * * *
    Energy-efficient standby power devices means products that--
    (1) Include an external or internal power supply; and
    (2) Use no more than one watt of electricity in their standby power 
consuming mode or meet recommended low standby levels as designated by 
the Department of Energy Federal Energy Management Program.
* * * * *


    3. Amend section 11.002 by revising paragraph (d)(1) and the 
introductory text of (d)(2) to read as follows:

11.002  Policy.

* * * * *
    (d)(1) The Resource Conservation and Recovery Act of 1976 (42 
U.S.C. 6901, et seq.), Executive Order 13101 of September 14, 1998, 
Greening the Government through Waste Prevention, Recycling, and 
Federal Acquisition, Executive Order 13123 of June 3, 1999, Greening 
the Government through Efficient Energy Management, and Executive Order 
13221 of July 31, 2001, Energy Efficient Standby Power Devices, 
establish requirements for acquiring--
    (i) Products containing recovered materials;
    (ii) Environmentally preferable products and services;
    (iii) Energy-efficient products and services;
    (iv) Products and services that utilize renewable energy 
technologies; and
    (v) Products containing energy-efficient standby power devices.
    (2) Executive agencies shall consider use of recovered materials, 
energy- and water-efficient products and services, products containing 
energy-efficient standby power devices, environmentally preferable 
purchasing criteria developed by the EPA, and environmental objectives 
(see subparts 23.2, 23.4, and 23.703(b)) when--
* * * * *
    4. Amend section 11.101 in the introductory text of paragraph (b) 
by removing ``must'' and adding ``shall'' in its place; and by revising 
paragraph (b)(1) to read as follows:

[[Page 64011]]

11.101  Order of precedence for requirements documents.

* * * * *
    (b) * * *
    (1) Energy efficiency, including using products containing energy-
efficient standby power devices and renewable energy technologies; and
* * * * *


    5. Amend section 23.201 by adding paragraph (e) to read as follows:

23.201  Authorities.

* * * * *
    (e) Executive Order 13221 of July 31, 2001, Energy Efficient 
Standby Power Devices.
    6. Revise section 23.203 to read as follows:

23.203  Energy-efficient products.

    (a) If life-cycle cost-effective and available--
    (1) When acquiring energy-using products--
    (i) Agencies shall purchase ENERGY STAR[reg] or other energy-
efficient items listed on the Department of Energy's Federal Energy 
Management Program (FEMP) Product Energy Efficiency Recommendations 
product list; and
    (ii) For products that consume power in a standby mode and are 
listed on FEMP's Standby Power Devices product listing, agencies 
    (A) Purchase items which meet FEMP's standby power wattage 
recommendation or document the reason for not purchasing such items; or
    (B) If FEMP has listed a product without a corresponding wattage 
recommendation, purchase items which use no more than one watt in their 
standby power consuming mode. When it is impracticable to meet the one 
watt requirement, agencies shall purchase items with the lowest standby 
wattage practicable; and
    (2) When contracting for services that will include the provision 
of energy-using products, including contracts for design, construction, 
renovation, or maintenance of a public building, the specifications 
shall incorporate the applicable requirements in paragraph (a)(1) of 
this section.
    (b) The requirements in paragraph (a) of this section only apply 
when the relevant product's utility and performance meet the agency's 
    (c) Information is available via the Internet about--
    (1) ENERGY STAR[reg] at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.energystar.gov/; and
    (2) FEMP at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.eren.doe.gov/femp/procurement.
    7. Amend section 23.405 by revising the introductory text of 
paragraph (c) to read as follows:

23.405  Procedures.

* * * * *
    (c) The contracting officer shall place in the contract file a 
written justification if an acquisition of EPA-designated products 
above the micro-purchase threshold does not meet applicable minimum 
recovered material content recommended by EPA guidelines. If the agency 
has designated an Environmental Executive, the contracting officer 
shall give a copy of the written justification to that official. The 
contracting officer shall base the justification on the inability to 
acquire the product--
* * * * *
    8. Amend section 23.406 by revising paragraph (a) to read as 

23.406  Solicitation provision and contract clause.

    (a) Insert the provision at 52.223-4, Recovered Material 
Certification, in solicitations that are for, or specify the use of, 
EPA-designated products containing recovered materials.
* * * * *

[FR Doc. 02-26243 Filed 10-15-02; 8:45 am]