BACKGROUND DOCUMENT FOR PROPOSED CPG V AND PROPOSED RMAN V APPENDICES I V i CONTENTS I. Materials in Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. General Overview of Materials in Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Materials Used in Items Proposed for Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Poultry Litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Biosolids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Manure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Wood Ash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 II. Discussion of RCRA Section 6002 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A. Who Is a Procuring Agency? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. Federal, State, and Local Government Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. To Which Purchases Does Section 6002 Apply? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Direct and Indirect Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Incidental Purchases Do Not Apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. Block Grants, Commingled Monies, and Leases . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. What Is the $ 10,000 Threshold? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1. Purchases of Individual Items or Groups of Items . . . . . . . . . . . . . . . . . . . . . . . . . 10 2. The Cost of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3. Purchases Made from Another Federal Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 D. How Is Section 6002 Enforced? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 E. How Does RCRA Section 6002 Relate to Other Federal Procurement Regulations? . . . . . . 12 F. Where Can Agencies Find Assistance or More Information? . . . . . . . . . . . . . . . . . . . . . . . 13 III. Executive Order 13101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 IV. Additional Policies and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 A. Federal Acquisition Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 B. OFPP Policy Letter 92 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 C. OMB Circular A 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 D. OMB Circular A 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 E. OMB Circular A 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ii F. Federal Acquisition Streamlining Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 V. Affirmative Procurement Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 A. Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 B. Preference Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1. Minimum Content Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2. Case by Case Policy Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3. Substantially Equivalent Alternative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4. Requirements for Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 5. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 C. Promotion Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1 Internal Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2. External Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 D. Estimation, Certification, and Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 E. Procedures to Monitor and Review the Procurement Program . . . . . . . . . . . . . . . . . . . . . . 28 APPENDIX I MATERIALS IN SOLID WASTE 1 APPENDIX I Materials in Solid Waste The Resource Conservation and Recovery Act ( RCRA) Section 6002 provides criteria for the U. S.

Environmental Protection Agency ( EPA) to consider when selecting items for designation. One of these criteria is the impact of procurement on the amount of solid waste that is generated, treated, and disposed. EPA's designation of an item should promote the statute's underlying objective of using government procurement to foster markets for items containing materials recovered from solid waste. Consistent with this objective, each of the items that EPA proposes to designate is made with one or more recovered materials. This appendix briefly discusses many of the materials that are typically recovered from various solid waste streams and provides a more detailed discussion of the materials used in the items proposed for designation in the Comprehensive Procurement Guidelines ( CPG) V.

A. General Overview of Materials in Solid Waste Generally, solid waste has several components, such as municipal solid waste ( MSW), construction and demolition ( C& D) debris, and nonhazardous industrial waste. In addition, there are a number of materials that may not be considered " typical" solid waste streams. Materials such as agricultural wastes, for example,

are not generally captured in collection programs, but nonetheless, may be generated in high volumes and can have multiple beneficial uses. Many of the items proposed for designation in CPG V are made from these types of recovered materials ( e. g., biosolids, animal manures, etc.). These materials may be used in conjunction with other solid wastes to make new products or, may be used as the primary or sole recovered material in a product. EPA considers all types of recovered materials when designating items in the CPG.

EPA publishes annual characterization reports of the generation and recovery of MSW in the United States. EPA's latest MSW characterization study, which presents 2001 waste generation and recovery data,

addresses the following materials: paper and paperboard, glass, metals, plastic, rubber and leather, textiles,

wood, food wastes, yard trimmings, miscellaneous inorganic wastes, and other materials. Table 1 shows the 2001 generation and recovery of these materials. 2 Table 1 Materials Generation and Recovery in the U. S. Municipal Waste Stream, 2001 ( In Millions of Tons)

Materials Generation Recovery Paper and Paperboard 81.9 36.7 Glass 12.6 2.4 Metals 18.1 6.3 Ferrous 13.5 4.6 Aluminum 3.2 0.8 Other Nonferrous 1.4 0.9 Plastics 25.4 1.4 PET 2.6 0.5 HDPE 4.9 0.4 PVC 1.4 Negligible LDPE/ LLDPE 5.9 0.2 PP 3.5 0.1 PS 2.3 Negligible Other resins 4.8 0.3 Rubber and Leather 6.5 1.1 Rubber from tires 2.9 1.1 Textiles 9.8 1.4 Wood 13.2 1.3 Other 4.2 0.9 Food Waste 26.2 0.7 Yard Trimmings 28.0 15.8 Miscellaneous Inorganic Wastes 3.5 Negligible TOTAL MSW 229.2 68.0 Source: " Municipal Solid Waste in The United States: 2001 Facts and Figures," U. S. EPA, October, 2003. 3 B. Materials Used in Items Proposed for Designation A variety of recovered organic materials can be used in the items proposed for designation in CPG V.

Table 2 identifies some of the more common ones. Additional references to materials can be found in the background document for proposed CPG/ RMAN V, which is found in the docket for this proposed rulemaking,

as well as on the CPG Web site at www. epa. gov/ cpg.

Table 2 Recovered Materials Used in Items Designated in CPG IV Recovered Materials Designated Items Animal manure*

Biosolids* Compost Poultry manure/ litter Sewage sludge Blood meal Bone meal Feather meal Fish meal Alfalfa meal Cottonseed meal Wood ash Fertilizers * These materials can be combined with other organic materials, such as yard waste, wood chips, etc., in the composting process 1. Poultry Litter According to the Farm Sanctuary Newsletter, it was estimated that in 1997 the annual production of poultry litter totaled 19.8 million tons, with chickens producing 14.4 million tons and turkeys producing 5.4 million tons. One company alone estimates its pelleted poultry fertilizer diverts approximately 149,000 tons of poultry litter from the solid waste stream annually. EPA was not able to find a more recent statistic on the 4 amount of poultry litter produced annually in the United States. In addition, EPA was not able to find a statistic conveying the amount of poultry litter diverted from the waste stream annually for the production of fertlizer.

2. Biosolids Biosolids are the nutrient rich organic materials resulting from the treatment of sewage sludge.

According the EPA report, Biosolids Generation, Use, and Disposal in the United States ( EPA 530 R 99

009, September 1999), approximately 6.9 million tons of biosolids were generated in 1998, of which about 60 percent were used beneficially ( e. g., land applied, composted, used as landfill cover) and 40 percent were disposed ( i. e., discarded with no attempt to recover nutrient or other valuable properties). At least 20 percent were managed by MSW facilities through either landfilling ( 17 percent) or as landfill cover ( 3 percent). An estimated additional 6 percent were managed by MSW facilities in composting programs. The report estimated that 7.1 million tons of biosolids would be generated for use or disposal in 2000, 7.6 million tons in 2005, and 8.2 million tons in 2010. The report anticipated that the percentage of biosolids used ( rather than disposed)

would grow from 63 percent in 2000 to 66 percent in 2005 and 70 percent in 2010.

3. Manure According to the 1997 Census of Agriculture, USDA's National Agricultural Statistics Service, 860 million tons of animal manure were produced in the United States ( includes pigs, cattle, and sheep, but not poultry). EPA was not able to find a statistic reflecting how much of the manure generated annually is either applied to land or composted.

4. Wood Ash According to a Clemson University report, approximately 3 million tons of wood ash are produced annually in the United States. While approximately 80 percent of all ash is land applied in the Northeast, less than 10 percent is being land applied in the Southeast. The other 90 percent of this wood ash is landfilled. 5 APPENDIX II DISCUSSION OF RCRA SECTION 6002 REQUIREMENTS 6 APPENDIX II Discussion of RCRA Section 6002 Requirements This appendix provides detailed information regarding the applicability of RCRA Section 6002.

A. Who Is a Procuring Agency?

Many of the RCRA Section 6002 requirements apply to " procuring agencies," which are defined in RCRA Section 1004( 17) as " any federal agency, or any state agency or agency of a political subdivision of a state that is using appropriated federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract." Under the statute, responsibility for complying with RCRA Section 6002 rests with each individual procuring agency. RCRA identifies three types of " procuring agencies": ( 1) federal agencies, ( 2) state or local agencies using appropriated federal funds, and ( 3) contractors to ( 1) and ( 2). Procuring agency requirements are discussed in detail below. Also refer to Appendix V for additional information about affirmative procurement requirements.

Private recipients of federal funds ( e. g., nonprofit organizations or individual recipients of Farm Home Administration loans or other federal loans, grants, or funds under a cooperative agreement) are not procuring agencies and, therefore, are not subject to RCRA Section 6002. This is true whether the originator of the grant,

loan, or cooperative agreement is a federal agency or a state or local agency recipient of federal funds.

1. Federal, State, and Local Government Agencies Federal agencies are always procuring agencies, because the RCRA Section 6002 requirements apply to federal agencies whether or not appropriated federal funds are used for procuring designated items. All federal agencies are procuring agencies regardless of their funding authority ( e. g., revolving funds, etc.). The RCRA Section 6002 requirements apply only when federal agencies procure designated items, however. They do not apply when federal agencies simply disburse funds to state or local agencies; in these instances, the federal agencies are not purchasing or acquiring anything. State or local agencies are procuring agencies and must comply with the guidelines if they use appropriated federal funds for procurement of designated items.

RCRA requirements apply to individual state agencies, not to a state as a whole. For example, if a state 7 receives several hundred thousand dollars in grant monies, only the state agency or agencies purchasing $ 10,000 worth or more of a designated product must comply with Section 6002 requirements.

On October 14, 1994, the Office of Management and Budget ( OMB) published revisions to Circular A 102 to clarify the circumstances in which RCRA Section 6002 applies to state and local recipients of federal funds.

2. Contractors Contractors must comply with Section 6002 with respect to work performed under the contract if they ( 1) contract with a Federal agency or a state agency that is using appropriated federal funds for a procurement and ( 2) purchase or acquire a designated item whose purchase price exceeds $ 10,000 or purchased $ 10,000 or more worth of the item during the previous year. Subcontractors are not procuring agencies; Section 6002 limits contractors subject to its requirement to direct contractors with a federal agency or state or local " procuring agency."

It is immaterial for purposes of the $ 10,000 threshold whether the contractor purchased or acquired the designated items as a " procuring agency" ( with respect to work performed under a contract with a federal or state agency) or in its private capacity. However, the obligations of Section 6002 are prospective. The contractor must determine whether the $ 10,000 threshold is met only after it is a " procuring agency." That is,

purchases exceeding the $ 10,000 threshold in the year prior to the year in which a contractor becomes a " procuring agency" do not trigger Section 6002 requirements. Furthermore, while contractors are subject to the Section 6002 requirements once they exceed the threshold, those requirements apply only with respect to work performed under the contract ( i. e., when supplying the designated item to any state or federal agency).

For example, in Year One, Contractor X contracts to supply $ 500 of hydraulic mulch to a state agency using appropriated federal funds to purchase the hydraulic mulch. Therefore, in Year One, Contractor X is a " procuring agency." During Year One, Contractor X also purchases hydraulic mulch for its own use for its other customers, with total purchases of hydraulic mulch exceeding $ 10,000. In Year One, while Contractor X is a procuring agency, Contractor X is not subject to the RCRA Section 6002 requirements for hydraulic mulch supplied to the state agency, because the contract price of the mulch does not exceed $ 10,000. In Year Two, 8 Contractor X is subject to RCRA Section 6002 requirements for hydraulic mulch regardless of the amount of the contracted purchase, because, while a " procuring agency" in Year One, it purchased in excess of $ 10,000 of hydraulic mulch.

In another example, in Year One, Contractor Y purchases $ 10,000 of hydraulic mulch, but none was purchased on behalf of a government agency using appropriated federal funds. In Year One, Contractor Y is not a procuring agency. In Year Two, Contractor Y contracts to supply less than $ 10,000 of hydraulic mulch to a state agency using appropriated federal funds. In Year Two, Contractor Y is a procuring agency but is not subject to RCRA Section 6002 requirements, because it was not a procuring agency during the previous year when it acquired in excess of $ 10,000 of hydraulic mulch.

Contractors can require certifications of recycled content items to be submitted with offers.

Alternatively, the U. S. Environmental Protection Agency ( EPA) recommends that when an estimate has been provided in a bid, the certification of what materials were actually used in the performance of the contract should be submitted with the last invoice.

B. To Which Purchases Does Section 6002 Apply?

1. Direct and Indirect Purchases The RCRA Section 6002 requirements apply to both direct and indirect purchases. Purchases made as a result of a solicitation by procuring agencies for their own general use or that of other agencies ( e. g.,

purchases by the U. S. General Services Administration [ GSA's] Federal Supply Service) are " direct"

purchases. Purchases of items as part of a contract also are " direct" purchases. Indirect purchases are purchases by a state or local agency using appropriated federal funds or, in some instances, its contractors.

Therefore, purchases of designated items meeting the $ 10,000 threshold made by states, political subdivisions of states, or their contractors are subject to RCRA Section 6002.

2. Incidental Purchases Do Not Apply 9 The procurement requirements do not apply to purchases if they are unrelated to or incidental to the federal funding, ( i. e., not the direct result of the funds disbursement). For example, if an entity has a federal contract to do research and builds or expands a laboratory to conduct the research, the construction is incidental to the contract, as is the purchase of construction materials.

3. Block Grants, Commingled Monies, and Leases RCRA Section 6002 procurement requirements apply whenever federal monies, including block grants,

are used, whether or not they are commingled with nonfederal funds. In addition, RCRA Section 6002 also applies to a procuring agency's lease contracts for designated items. The Federal Acquisition Regulation ( FAR)

defines " acquisition" to include supplies or services ( including construction) acquired by means of a lease ( 48 Code of Federal Regulations [ CFR] 2.101). Under the definition of " procuring agency," therefore, lessor contractors are subject to the RCRA Section 6002 requirements for work performed under the lease contract.

RCRA Section 6002 also applies to Department of Transportation grant programs. The conference committee report from the Hazardous and Solid Waste Amendments of 1984 ( Cong. Rec. H 11138 [ Oct. 3,

1984]) states:

To assure the fullest participation by procuring agencies, the Conferees wish to resolve any ambiguity with respect to § 6002' s coverage of the Department of Transportation, in particular the Federal Highway Administration ( FHWA). The FHWA is a " procuring agency" under the Solid Waste Disposal Act and is therefore fully responsible for implementing the guidelines and other requirements of § 6002. It is the intent of Congress that both FHWA's direct procurement and indirect Federalaid programs ( Federal Highway Trust Fund) be covered by the requirements of § 6002 as amended by this Act. Indirect purchases by the Federal Aviation Administration are also covered under Section 6002 in the same manner as is the FHWA. Coverage of the FHWA's direct and indirect procurement activities under this amendment extends to the review of procurement specifications pursuant to Section 6002( d), as amended, in addition to the affirmative procurement program required under this section. 10 11 C. What Is the $ 10,000 Threshold?

RCRA Section 6002 procurement requirements apply to any purchase by procuring agencies of an item costing more than $ 10,000 or when the procuring agencies purchased $ 10,000 worth of the item or of functionally equivalent items during the preceding fiscal year.

RCRA Section 6002 clearly sets out a two step procedure for determining whether the $ 10,000 threshold has been reached. First, procuring agencies must determine whether they purchased $ 10,000 worth of a designated item or functionally equivalent items during the preceding fiscal year. If so, the requirements of RCRA Section 6002 apply to all purchases of these items occurring in the current fiscal year. Second, if the procuring agencies did not procure $ 10,000 worth of a designated item during the preceding fiscal year, they are not subject to RCRA Section 6002 unless they make a purchase of the item exceeding $ 10,000 in the current fiscal year. The Section 6002 requirements then apply to the $ 10,000 purchase of the designated item;

to all subsequent purchases of the item made during the current fiscal year, regardless of size; and to all procurements of the designated item made in the following fiscal year.

Section 6002( a) does not specify that the procurement requirements are triggered when the aggregate quantity of items purchased during the current fiscal year is $ 10,000 or more. Procuring agencies need not keep a running tally during the year of procurements of designated items. Rather, they should compute their total procurements of a designated item once at the end of the fiscal year and only if they intend to claim an exemption from the requirements of RCRA Section 6002 in the following fiscal year.

The RCRA Section 6002 requirements apply to each federal agency as a whole. During each fiscal year, each major federal agency as a whole purchases or causes the purchase of more than $ 10,000 worth of many of the designated items. Therefore, the requirements of RCRA Section 6002 apply to all procurements of these items by these agencies and their subunits.

1. Purchases of Individual Items or Groups of Items As stated above, the $ 10,000 threshold can apply to agencies' purchases of either individual items or categories of items. Within the paper and paper products category, for example, if an agency purchases $ 4,000 12 worth of computer paper, $ 3,000 worth of federal forms, and $ 3,000 worth of other office papers, these combined purchases achieve the threshold for that designated item, and the agency should develop an affirmative procurement program ( APP) for all paper and paper products containing recovered materials.

2. The Cost of Services If the cost of services and the material cost are inextricably linked, the $ 10,000 threshold can be applied to the combined cost figure. If a procuring agency contracts for construction of a concrete structure, the agency may include the cost of the services ( pouring) with the cost of the product ( concrete) when calculating how much is spent on cement and concrete. Alternatively, the agency may devise a method of separating the cost of the concrete product from the cost of pouring and finishing.

3. Purchases Made from Another Federal Agency Many federal agencies procure paper and paper products through GSA and the U. S. Government Printing Office ( GPO). Although both of these agencies have their own APPs, agencies that make purchases through GSA and GPO should still have their own APPs for the products they purchase. However, the agencies would need to request estimates and certifications from GSA and GPO, because these agencies will have already obtained this information in the initial purchases. Similarly, the verification requirement is also fulfilled by GSA and GPO.

In other words, GPO requests estimates and certifications from its vendors and contractors and verifies that the estimates and certifications are correct. It routinely supplies recycled paper whenever possible, even when not specifically requested by a procuring agency. Any order for printing on offset, writing, or newsprint stock, which constitutes the bulk of the jobs, is automatically printed on recycled paper that meets EPA's requirements ( if the paper is available).

When GSA supplies products containing recovered content to other agencies, GSA has already obtained and verified estimates and certifications. Nonetheless, agencies are still responsible for monitoring purchases made through other agencies, such as GSA and GPO. 13 14 D. How Is Section 6002 Enforced?

Section 6002 of RCRA provides for the President's Office of Procurement Policy to implement its requirements. In addition, Section 7002 of RCRA authorizes citizens to sue in federal district court to seek relief against any person alleged to be in violation of requirements of the Act, including RCRA Section 6002.

The district court has jurisdiction to enforce the requirements.

Under RCRA Section 6002, federal grant administering agencies should inform state and local agency grant recipients about the requirements of RCRA Section 6002. The grant recipients, in turn, are considered to be " procuring agencies" when they are using appropriated federal funds to purchase designated items and must purchase these items containing recovered materials to the maximum extent practicable. RCRA Section 6002 states that procuring agencies need not purchase recycled products if the products are not reasonably available,

are only available at an unreasonable price, or do not meet reasonable performance standards. It is silent,

however, regarding penalties for failure to purchase recycled products without these limitations. Therefore,

each grant administering agency must determine the appropriate response when a grantee does not comply with RCRA Section 6002.

RCRA Section 7002 authorizes citizens to file a civil action in federal district court against any person alleged to be in violation of a requirement under RCRA. Therefore, a municipality that violates RCRA Section 6002 may be subject to suit.

Executive Order 13101 ( the Executive Order) directs the Federal Environmental Executive ( FEE) to take necessary actions to ensure that agencies comply with the provisions of the Executive Order. In addition,

the Executive Order directs Agency Environmental Executives to track agency purchases of EPA designated items and report these purchases to the FEE. RCRA also requires the Office of Federal Procurement Policy ( OFPP) to submit biennial reports to Congress.

E. How Does RCRA Section 6002 Relate to Other Federal Procurement Regulations?

The purchase of recycled products under RCRA Section 6002 must be consistent with other federal procurement law, which requires that contracts be awarded to the lowest priced, responsive, responsible bidder. 15 Federal law does not currently authorize agencies to pay a premium price for recycled products. Agencies are using other means of purchasing recycled products that may be higher priced than virgin products, such as soliciting only for recycled products.

On August 22, 1997, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a rule amending the FAR parts 1, 10, 11, 13, 15, 23, 36, 42, and 52 to reflect the government's preference for the acquisition of environmentally sound and energy efficient products and services and to establish an APP favoring items containing the maximum practicable content of recovered materials. See 62 Federal Register [ FR] 44809, August 22, 1997.

The Paperwork Reduction Act of 1995 ( PRA) makes explicit the responsibilities of federal agencies with respect to the development of proposed collections of information and submission of these to OMB for review approval. Accordingly, Federal procuring agencies should consult with their legal offices to determine whether their requirements for estimation and certification would require OMB clearance under the PRA.

F. Where Can Agencies Find Assistance or More Information?

EPA assists procuring agencies by investigating and identifying products that can be made with recovered materials. Based on this research, EPA conducts in depth analyses of the feasibility of including the product in the Federal government's procurement program. In addition, EPA, through its Recovered Materials Advisory Notices ( RMAN), provides recommendations and guidance to procuring agencies in their efforts to comply with Section 6002 of RCRA.

For more information, agencies should contact the RCRA Call Center at 800 424 9346 or 703 412 9810, or access EPA's Comprehensive Procurement Guideline ( CPG) Web site at < www. epa. gov/ cpg>. 16 APPENDIX III EXECUTIVE ORDER 13101 17 APPENDIX III Executive Order 13101 The Executive Order ( E. O.) entitled Greening the Government Through Waste Prevention, Recycling,

and Federal Acquisition was signed by President Clinton on September 14, 1998. Section 502 of the Executive Order establishes a two part process for EPA to use when developing and issuing the procurement guidelines for products containing recovered materials. The first part, the CPG, designates items that are or can be made with recovered materials. As with previous procurement guidelines, the CPG is developed using formal noticeand comment rulemaking procedures and is codified in 40 CFR Part 247. The Executive Order directs EPA to revise the CPG every 2 years or as appropriate after an opportunity for public comment.

The second part of the two part procurement guidelines process, the RMAN, provides recommendations to procuring agencies on purchasing the items designated in the CPG. The Executive Order directs EPA to publish the RMAN in the Federal Register ( FR) for public comments. Because the recommendations are guidance, the RMAN is not codified in the CFR. RMANs are issued periodically to reflect changes in market conditions or to provide procurement recommendations for newly designated items.

The Executive Order also directs EPA to provide guidance to executive agencies on procuring environmentally preferable products. Section 503 directs EPA to develop and issue guiding principles for Executive agencies to use in purchasing environmentally preferable products. On August 20, 1999, EPA issued its Final Guidance on Environmentally Preferable Purchasing ( 64 FR45810), which outlines the federal government's approach for incorporating environmental considerations into its purchasing decisions. In addition to establishing five guiding principles, the final guidance includes specific recommendations for implementing environmentally preferable purchasing, a list of available resources, a glossary, and a list of environmental attributes to help federal agencies compare the environmental preferability of products and services. A link to the guidance is available on EPA's Environmentally Preferable Purchasing ( EPP) Web site < www. epa. gov/ opptintr/ epp>.

Section 401 directs executive agencies to consider the use of recovered materials and other environmental factors in acquisition planning for all procurements and in the evaluation and award of contracts. 18 Section 402 directs the head of each executive agency to implement the affirmative procurement program requirements of RCRA Section 6002( i) and to include a requirement that all purchases of EPAdesignated items meet or exceed the EPA recommended levels. It further directs agency APPs to encourage that ( 1) documents be transferred electronically, ( 2) all government documents printed internally be printed doublesided and ( 3) contracts, grants, and cooperative agreements issued after October 20, 1993, include provisions that require documents to be printed double sided on recycled paper that meets or exceeds the standards established in the Executive Order or in future RMANs. ( See Appendix V of this document for a detailed discussion of APPs.)

Sections 501, 505, 506, and 507 of the Executive Order describe requirements for executive agencies to incorporate the provisions of RCRA Section 6002( d)( 1) and requires specific actions to be taken by certain agencies. Section 501 directs executive agencies to review and, where applicable, revise their specifications,

product descriptions, and standards to enhance federal procurement of products containing recovered materials.

Section 505 directs executive agency heads to purchase uncoated printing and writing paper with a minimum of 30 percent postconsumer materials beginning December 31, 1998. Section 506 further directs the GSA and other federal agencies to revise their paper specifications to eliminate barriers, unrelated to performance, to purchasing paper or paper products made by production processes that minimize emissions of harmful byproducts. On June 8, 1998, EPA published the Paper Products RMAN II in the Federal Register ( 63 FR 31214), which revised EPA's 1996 recommendations for purchasing specified printing and writing papers containing postconsumer fiber by incorporating the recycled content percentages in E. O. 13101.

Section 507 reinforces the procurement guidelines for re refined oil and retread tires by directing commodity and fleet managers to take affirmative steps to procure these items.

Section 601( b) of the Executive Order directs executive agencies to set goals for purchasing recycled and other environmentally preferable products and to maximize the number of recycled products purchased,

relative to nonrecycled alternatives.

Finally, Section 302 requires the Federal Environmental Executive ( FEE) to submit an biennual report to the President on the actions taken by agencies to comply with the requirements of the Executive Order, 19 including the affirmative procurement program requirements set forth in RCRA Section 6002. To enable the FEE to develop this report, executive agencies are required to provide information on their implementation actions. 20 APPENDIX IV ADDITIONAL POLICIES AND PROCEDURES 21 APPENDIX IV Additional Policies and Procedures In addition to the requirements of RCRA Section 6002 and the Executive Order, several other federal policies and procedures may affect the procurement of products containing recovered materials. This appendix briefly summarizes requirements and policies set forth in the FAR, OFPP, Policy Letter 92 4, OMB Circulars A 102, A 119, and A 131, and the GSA's proposed Cooperative Purchasing Plan.

A. Federal Acquisition Regulation The FAR is the primary regulation used by executive agencies in their acquisition of supplies and services ( 48 CFR 1). FAR Part 23 sets forth requirements and procedures for federal agencies to use when procuring EPA designated items. On August 22, 1997, the FR issued a final rule amending FAR Parts 1, 10,

11, 13, 15, 23, 36, 42, and 52 to reflect the federal government's preference for the acquisition of environmentally sound and energy efficient products and services and to incorporate the requirements of RCRA Section 6002.

B. OFPP Policy Letter 92 4 OFPP's Policy Letter 92 4, " Procurement of Environmentally Sound and Energy Efficient Products and Services" ( 57 FR 53362), establishes executive branch policies for the acquisition and use of environmentally sound, energy efficient products and services. In addition to reiterating the requirements of RCRA Section 6002, the Policy Letter requires executive agencies to ( 1) identify and procure products and services that, all factors taken into consideration, are environmentally sound and energy efficient, and ( 2)

employ lifecycle cost analysis to assist in making product and service selections.

C. OMB Circular A 102 On October 14, 1994, OMB published revisions to OMB Circular A 102, " Grants and Cooperative Agreements with State and Local Governments" ( 59 FR 52224). Paragraph 2( h) of the circular requires state and local government recipients of federal assistance funding to comply with RCRA Section 6002. 22 D. OMB Circular A 119 OMB Circular A 119, " Federal Participation in the Development and Use of Voluntary Standards" ( 54 FR 57645), sets forth policy for executive agencies to follow in working with voluntary standards bodies and in adopting and using voluntary standards. Paragraph 7( a)( 4) recommends that federal agencies give preference to adopting and using standards that " foster materials, products, systems, or practices that are environmentally sound and energy efficient."

E. OMB Circular A 131 OMB Circular A 131, " Value Engineering" ( 58 FR 31056), requires executive agencies to use value engineering as a management tool to reduce program and acquisition costs. Paragraph 8( b) requires agencies to develop guidelines for both in house personnel and contractors to identify programs or projects with the most potential to yield savings from the application of value engineering techniques. Paragraph 3( b)( 4) further requires this guidance to ensure that the application of value engineering to construction and other projects or programs includes consideration of environmentally sound and energy efficient results.

F. Federal Acquisition Streamlining Act RCRA Section 60029( c) requires vendors to estimate the percentage of recovered materials used in the performance of a contract. The Federal Acquisition Streamlining Act ( FASA) ( PL 103 355) amended this section of RCRA to require estimates only for contracts in amounts " greater than $ 100,000." 23 APPENDIX V AFFIRMATIVE PROCUREMENT PROGRAM 24 APPENDIX V Affirmative Procurement Program This appendix explains RCRA Section 6002 requirements for the establishment of APPs. Agencies should note that the FAR also addresses affirmative procurement programs. ( See 62 FR 44809, August 22,

1997.)

Within 1 year after EPA designates an item, RCRA Section 6002( i) requires each procuring agency purchasing more than $ 10,000 of that item, or functionally equivalent items in a fiscal year, to establish an APP for that item. Section 402 of Executive Order 13101 reinforces this requirement and further provides that Executive agencies " shall ensure that their APPs require that 100 percent of their purchases of products meet or exceed the EPA guideline standards," considering competition, price, availability, and performance.

An APP is an agency's strategy for maximizing its purchases of EPA designated items. The APP should be developed in a manner that ensures that items composed of recovered materials are purchased to the maximum extent practicable consistent with federal procurement law. RCRA Section 6002( i) requires that, at a minimum, an APP consist of four elements: ( 1) a preference program; ( 2) a promotion program; ( 3) procedures for obtaining estimates and certifications of recovered materials content and, where appropriate, reasonably verifying those estimates and certifications; and ( 4) procedures for monitoring and annually reviewing the effectiveness of the APP.

EPA recommends that the Environmental Executive within each major procuring agency take the lead in developing the agency's APP and in implementing the requirements set forth in the CPG. This recommendation is consistent with the basic responsibilities of an Agency Environmental Executive as described in sections 302 and 402 of the Executive Order. Section 302 charges each Agency Environmental Executive with coordinating all environmental programs in the areas of acquisition, standard and specification revision, facilities management, waste prevention, recycling, and logistics. Section 402( c) of the Executive Order further directs each Agency Environmental Executive to track and report, to the FEE, agency purchases of EPA designated items. In the absence of such an individual, EPA recommends that the head of the implementing agency appoint an individual who will be responsible for ensuring the agency's compliance with RCRA Section 6002 and the Executive Order. 25 RCRA requires and the Executive Order directs procuring agencies to establish APPs for each item EPA designates. In fulfilling this requirement, EPA recommends that each agency develop a comprehensive APP with a structure that provides for the integration of new items as they are designated. An agency's comprehensive APP does not need to be limited to EPA designated items. In fact, EPA encourages agencies to implement preference programs that expand beyond the EPA designated items in order to maximize purchases of recycled products and foster additional markets for recovered materials.

EPA believes that developing a single APP will substantially reduce procuring agencies' administrative burdens under RCRA that result from EPA item designations. EPA also recommends that if a procuring agency does not purchase a specific designated item, it should simply include a statement in its preference program to that effect. Similarly, if a procuring agency is unable to obtain a particular item for one or more of the reasons cited in RCRA Section 6002( c)( 1), a similar statement should be included in the preference program along with the appropriate justification. According to RCRA Section 6002( i)( 2)( D), it is the procuring agency's responsibility to monitor and regularly update its APP. Should an item that was previously unobtainable become available, then the procuring agency should modify its APP accordingly.

A. Specifications RCRA Section 6002( d)( 1) requires federal agencies responsible for drafting and reviewing specifications for procurement items purchased by federal agencies to review and revise their specifications and remove requirements specifying virgin materials only or excluding the use of recovered materials. This revision process should have been completed by May 8, 1986. For items designated by EPA, Section 6002( d)( 2) directs federal agencies to revise their specifications to require the use of recovered materials to the maximum extent possible without jeopardizing their intended end use. Procuring agencies are required to complete their revisions within 1 year of an item's designation or publication of CPG revisions, as required by RCRA Section 6002( d)( 2).

As discussed in Appendix III, sections 501, 505, 506, and 507 of Executive Order 13101 also address federal specification requirements. Section 501 directs Executive agencies to review and revise their specifications, product descriptions, and standards to enhance federal procurement of products containing recovered materials. 26 B. Preference Program A preference program is the system by which an agency implements its stated " preference" for purchasing products containing recovered materials. RCRA Section 6002( i)( 3) requires procuring agencies to consider the following options when implementing their preference programs: minimum content standards,

caseby case policy development, or a substantially equivalent alternative.

To assist procuring agencies in establishing their preference programs, when EPA designates an item, it examines these statutory options and recommends the approach it believes to be the most effective for purchasing the designated item. Procuring agencies may elect either to adopt EPA's recommended approach or to develop their own approaches, provided that, in accordance with Section 402 of the Executive Order, the selected approach meets or exceeds EPA's recommendations as described in the RMAN( s).

1. Minimum Content Standards One approach that RCRA Section 6002( i)( 3) requires procuring agencies to consider is establishing minimum content standards. RCRA Section 6002( i)( 3)( B) further requires the procuring agency to ensure that its standard requires the maximum amount of recovered materials content available for the item, without jeopardizing its intended use.

To assist procuring agencies with establishing their minimum content standards, EPA's RMANs recommend recovered materials content levels, where appropriate, for most of the items it designates. Under RCRA Section 6002( i), it is the procuring agency's responsibility to establish minimum content standards,

while EPA provides recommendations regarding the levels of recovered materials in the designated items. To make it clear that EPA does not establish minimum content standards for other agencies, EPA refers to its recommendations as " recovered materials content levels," consistent with RCRA Section 6002( e) and the Executive Order.

Whenever possible, EPA's recommendations are expressed as recovered materials content ranges within which the items are available. EPA recommends that procuring agencies use these ranges, in conjunction with their own research into the recovered materials content of items available to them, to establish their 27 minimum content standards. In some instances, EPA recommends a specific level ( e. g., 100 percent recovered materials), rather than a range, because the item is universally available at the recommended level.

Refer to Section II. C of the Background Document for more information on the methodology that EPA used to establish recovered materials content ranges for the items designated in CPG IV.

2. Case by Case Policy Development The second approach procuring agencies must consider is case by case policy development. RCRA Section 6002( i)( 3)( A) describes case by case policy development as " a policy of awarding contracts to the vendor offering an item composed of the highest percentage of recovered materials practicable," subject to the limitations of RCRA Section 6002( c)( 1)( A) through ( C) ( i. e., competition, price, availability, and performance). The case by case approach is appropriate where a procuring agency determines that the minimum content standard it has established for a particular designated item is not appropriate for a specific procurement action [ i. e., the procuring agency is unable to acquire the item within the limitations described in RCRA Section 6002( c)( 1)( A) through ( C)]. The case by case approach allows a procuring agency to specify different ( usually lower) minimum content standards for specific procurement actions, while still ensuring that the agency fulfills its responsibility to procure the designated item containing the highest amount of recovered materials practicable.

This method does not obviate the need for agency minimum recovered materials content standards. It should be applied to singular procurement actions only when an agency's minimum content standard is unattainable. If a procuring agency determines that it is consistently unable to procure an EPA designated item using the minimum content standard it establishes, the agency should evaluate its needs and adjust its content standard accordingly.

3. Substantially Equivalent Alternative The third approach specified in RCRA Section 6002( i)( 3) requires procuring agencies to consider a substantially equivalent alternative to minimum content standards and case by case policy development. For 28 some items, the use of minimum content standards is inappropriate, because the product is remanufactured,

reconditioned, or rebuilt ( e. g., industrial drums).

4. Requirements for Contractors Government contractors also are subject to the requirements of RCRA Section 6002. These requirements are applicable where the contractor uses appropriated federal funds and purchases $ 10,000 worth of a designated item or purchased $ 10,000 or more of the item in the previous year. See Appendix II, Section A. 2 for further clarification about the applicability of RCRA Section 6002 to government contractors.

5. Exceptions A procuring agency may not always be able to purchase a designated item with recovered materials content. RCRA Section 6002( c)( 1) allows a procuring agency the flexibility not to purchase an EPA designated item with recovered materials content if any of the following conditions apply:

# The agency is unable to secure a satisfactory level of competition.

# The item is not reasonably available within a reasonable period of time.

# The item fails to meet the performance standards set forth in the agency's. specification.

# The item is available only at an unreasonable price.

Section 402 of Executive Order 13101 further directs that, if a procuring agency waives its requirement to purchase an EPA designated item with recovered materials content, it must provide a written justification specifying one or more of the exceptions listed above.

Competition EPA recommends that determinations of " satisfactory" competition be made in accordance with the procuring agency's procurement requirements. 29 30 Availability and Performance Information on the economic and technological feasibility of producing each designated item, including the availability and number of manufacturers that produce the item, the ability of the item to meet federal or national specifications, the recovered materials content levels used by manufacturers to produce the item, and other information can be found in the item specific discussions in subsection 2, " Rationale for Designation," of each item description discussion in sections VIII through XII of this document.

Price In previous guidelines, EPA defined an unreasonable price as a price that is greater than the price of a competing product made from virgin materials. EPA further interprets the reasonable price provision of RCRA Section 6002( c)( 1)( C) to mean that there is no projected or observed long term or average increases over the price of competing virgin items. This interpretation is supported in the preamble to OFPP Policy Letter 92 4 ( 57 FR 53364), which provides that there is no legal mandate to provide a price preference for products containing recovered materials over similar virgin products.

C. Promotion Program RCRA Section 6002( i)( 2)( B) requires each procuring agency to adopt a program to promote its preference to purchase EPA designated items with recovered materials content. The promotion component of the APP educates staff and notifies an agency's current and potential vendors, suppliers, and contractors of the agency's intention to buy recycled products.

EPA believes that an agency's promotion program should consist of two components: an internal promotion program, targeted toward the agency's employees, and an external promotion program, targeted toward the agency's vendors and contractors.

1. Internal Promotion 31 Procuring agencies can use several methods to educate their employees about their APP. These methods include preparing and distributing agency affirmative procurement policies through in house electronic mail and other media, publishing or posting articles in agency newsletters and on the Agency's World Wide Web home page, including APP requirements in agency staff manuals, and conducting workshops and training sessions to educate employees about their responsibilities under agency APPs.

2. External Promotion Methods for educating existing contractors and potential bidders of an agency's preference to purchase products containing recovered materials include publishing articles in appropriate trade publications, posting notices on the agency's World Wide Web home page, participating in vendor shows and trade fairs, placing statements in solicitations, and discussing an agency's APP at bidders' conferences.

D. Estimation, Certification, and Verification Agencies should use standard contract provisions to estimate, certify, and, where appropriate,

reasonably verify the recovered materials content in a product procured by an agency. Programs also must be monitored and tracked to ensure that they are fulfilling their requirements to purchase items composed of recovered materials. E. O. 13101 requires agencies to report compliance annually to the FEE.

E. Procedures to Monitor and Review the Procurement Program Procuring agencies should monitor their APP to ensure that they are fulfilling their requirement to purchase items composed of recovered materials to the maximum extent practicable. RCRA Section 6002( i)( 2)( D) requires the APP to include procedures for monitoring and annually reviewing the effectiveness of an agency's APP. RCRA Section 6002( g) requires OFPP to submit a report to Congress every 2 years on actions taken by federal agencies to implement the affirmative procurement requirements of the statute. Section 402 of Executive Order 13101 directs each agency's Environmental Executive to track and report on agency purchases of EPA designated items. Section 302 directs the FEE to submit a biennial report to the President on Executive agency compliance with the Executive Order. In order to fulfill their responsibilities, the FEE and OFPP request information from appropriate agencies on their affirmative procurement practices. It is 32 important, therefore, for agencies to monitor their APP to ensure compliance with RCRA Section 6002 and Executive Order 13101.

In order to comply with the Executive Order, agencies will need to evaluate their purchases of products made with recovered materials content. This also will allow them to establish benchmarks from which progress can be assessed. To evaluate their procurements of products containing recovered materials, procuring agencies may choose to collect data on the following:

# The percentages of recovered materials content in the items procured or offered.

# Comparative price information on competitive procurements.

# The quantity of each item procured over a fiscal year.

# The availability of each item with recovered materials content.

# Performance information related to the recovered materials content of an item.

EPA recognizes that a procuring agency may be unable to obtain accurate data for all designated items but believes that estimates will be sufficient to determine the overall effectiveness of an agency's APP.


[Federal Register: December 15, 2009 (Volume 74, Number 239)]
[Notices]
[Page 66408]
[DOCID:fr15de09-117]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Union Pacific Railroad Company

[Docket Number FRAB2006B24646]

    The Union Pacific Railroad Company (UP) seeks an extension of the
relief previously granted under Docket Number FRA-2006-24646. The
original request granted conditional approval on January 18, 2008, for
relief from the requirements of the Rules, Standards and Instructions,
Title 49 CFR part 236, Sec.  236.586--Daily or after trip test.
Specifically, UP sought to change the administration of the first
sentence in paragraph (a) from Aintervals of not more than 2 months''
to ``intervals of not more than 92 days'' for all cab signal devices on
locomotives operated on UP.
    Applicant's justification for the extension: UP has been operating
under the requirements set forth in the conditions of the original
approval for the past 18 months and have had no adverse effects on the
safety of operations. The extension will continue to maximize overall
safety by performing maintenance in the best working environment with
the highest skilled and best trained personnel, which can best be
achieved by performing maintenance in conjunction with the 92-day
periodic inspection.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2006-24646) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 7, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-29751 Filed 12-14-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22379-22380]
[FR Doc No: 2012-8981]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2012-12]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before May 3, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2012-
0053 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tyneka Thomas ARM-105,<PHONE_NUMBER>,
FAA, Office of Rulemaking, 800 Independence Ave. SW., Washington, DC
20591. This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC on April 10, 2012.
Brenda D. Courtney,
Acting Deputy Director, Office of Rulemaking.

PETITION FOR EXEMPTION

    Docket No.: FAA-2012-0053
    Petitioner: Omni Air International Section of 14 CFR Affected: 14
CFR Sec.  121.652(a) and (c)
    Description of Relief Sought: Omni Air International seeks relief
to allow pilots to substitute crosswind component and braking action
restrictions, along with a requirement to utilize automatic landing and
approach coupler equipment, at the destination and alternate airports
in place of the existing restrictions to decision height and visibility
minimum for pilots-in-command who have not yet accumulated 100 hours
(50 if reducible) in their current aircraft type. The relief would be
applicable to regular part 121 domestic, flag or supplemental
operations.

[FR Doc. 2012-8981 Filed 4-12-12; 8:45 am]
BILLING CODE 4910-13-P


COMPANY FEDERAL REGISTER DOCUMENT SUBMISSION TEMPLATE  (7/1/2006)

EPA Registration Division contact: [Shaja R. Brothers,<PHONE_NUMBER>]

INSTRUCTIONS:  Please utilize this outline in preparing tolerance
petition documents.  In cases where the outline element does not apply
please insert “NA-Remove” and maintain the outline.  The comment
notes that appear on the left margin represent hidden typesetting codes
designed to expedite the processing of the Federal Register document.
Please do not remove or alter these comment notes or change the margins,
font, or format in your document. Simply replace the instructions that
appear in italics and brackets, i.e., “[insert company name],” with
the information specific to your action.]

TEMPLATE:

[ Interregional Research Project Number 4 (IR-4)]

[7E7195]

	EPA has received a pesticide petition ([7E7195]) from [Interregional
Research Project Number 4 (IR-4)], [Rutgers, The State University of NJ
500 College Road East, Suite 201 W Princeton, NJ 08540] proposing,
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing
tolerances for residues of [Spiromesifen; butanoic acid, 3,3-dimethyl-,
2-oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl ester, and
its enol metabolite;
4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one,
calculated as parent compound equivalents] in or on the raw agricultural
commodities bean, edible, podded at 1.4 parts per million (ppm); bean,
succulent at 0.10; bean, dry at 0.02; and cowpea, forage at 35 ppm.

IR-4 also proposed the following tolerance increase for residues in
livestock commodities of [Spiromesifen; butanoic acid, 3,3-dimethyl-,
2-oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl ester, and
itsmetabolites containing the  enol  ;
4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one; and
4-hydroxymethyl;
4-hydroxy-3-[4-(hydroxymethyl)-2,6-dimethylphenyl]-1-oxaspiro[4.4]non-3-
en-2-one moieties, calculated as parent compound equivalents] in or on
the raw agricultural commodity cattle, fat at 0.20 ppm, cattle, meat at
0.01 ppm, cattle, meat byproducts at 0.30 ppm, goat, fat at 0.20 ppm,
goat, meat at 0.01 ppm, goat, meat byproducts at 0.30 ppm, hog, fat at
0.20 ppm, hog, meat at 0.01 ppm, hog, meat byproducts at 0.30 ppm,
horse, fat at 0.20 ppm, horse, meat at 0.01 ppm, horse, meat byproducts
at 0.30 ppm, sheep, fat at 0.20 ppm, sheep, meat at 0.01 ppm, sheep,
meat byproducts at 0.30 ppm and milk at 0.01 ppm.  EPA has determined
that the petition contains data or information regarding the elements
set forth in section 408 (d)(2) of the FDDCA; however, EPA has not fully
evaluated the sufficiency of the submitted data at this time or whether
the data supports granting of the petition. Additional data may be
needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. [The uptake and metabolism of spiromesifen in
primary crops is adequately understood. Radiolabeled studies have been
conducted in various plants all showing similar results. The residues of
concern are spiromesifen and its enol metabolite.]

	2. Analytical method. [Adequate analytical methodology using LC/MS/MS
detection is available for enforcement purposes.]

	3. Magnitude of residues. [Magnitude of the residue data were conducted
on dry shelled beans, succulent shelled beans and edible podded beans in
accordance with OPPTS Guideline 860.1500. The data supports establishing
the requested tolerances.]

B. Toxicological Profile

	1. Acute toxicity.  [Oral and dermal LD50 values were >2000 mg/kg bw.
Inhalation LC50 values were >4873 mg/m3 air.  Spiromesifen was not
irritating to rabbit skin or eyes but did cause skin sensitization in
the Magnusson/Kligman maximization test in guinea pigs.  Acute toxicity
studies for spiromesifen support an overall toxicity Category III]

	2. Genotoxicty. [Several genotoxicity tests were conducted to test for
point-mutagenic activity, chromosome aberration in vitro and in vivo,
and for DNA repair.  All tests conducted were negative, indicating no
evidence of mutagenic or genotoxic potential.]

	3. Reproductive and developmental toxicity. [An oral developmental
toxicity study in rat did not reveal any evidence of teratogenic
potential.  The maternal and developmental NOAELs were 10 mg/kg bw/day.
An oral developmental toxicity study in rabbits demonstrated a maternal
NOAEL of 5 mg/kg bw/day, a developmental NOAEL of 35 mg/kg bw/day and
did not reveal any teratogenic potential.  A two-generation study in
rats, with a parental systemic toxicity NOAEL of 3.3 mg/kg bw/day for
males and 4.6 mg/kg bw/day for females (based on the F1 generation), did
not reveal evidence of a primary reproductive toxicity potential.  The
reproductive NOAEL was 36.6 mg/kg bw/day for males and 14.2 mg/kg bw/day
in females.]

	4. Subchronic toxicity. [A subchronic toxicity feeding study with rats
over 90 days demonstrated a NOAEL of 6.3 and 7.7 mg/kg bw/day for males
and females, respectively, based on reduced body weights, effects on the
lipid metabolism (decrease of triglycerides and cholesterol) and thyroid
effects (colloidal alteration, hypertrophy) at the higher dose levels.
A subchronic feeding study in mice over 14 weeks demonstrated a NOAEL of
3.2 and 5.1 mg/kg bw/day based on effects on lipid metabolism (decrease
of cholesterol) and adrenal effects (cytoplasmic eosinophilia).  A
14-week feeding study in dogs demonstrated a NOAEL of 9.2 and 9.3 mg/kg
bw/day based on liver effects (enzyme induction, increased liver weights
and cytoplasmic change) and thyroid effects (decreased T4).]

	5. Chronic toxicity. [A 12-month chronic feeding study in rats
demonstrated a NOAEL of 6.5 and 19.3 mg/kg bw/day for males and females,
respectively.  A 24-month oncogenicity study in rats demonstrated a
NOAEL of 6.1 and 19.5 mg/kg bw/day for males and females, respectively.
An oncogenicity study in the mouse revealed a NOAEL of 3.3 and 3.8 mg/kg
bw/day for males and females, respectively based on macroscopic and
microscopic adrenal effects.  There was no indication in the rat or
mouse for an oncogenic effect of spiromesifen.  A one-year feeding study
with dogs demonstrated a NOAEL of 11.5 and 10.8 mg/kg bw day for males
and females, respectively based on decreased body weights, liver effects
(increased liver weight, hepatocellular cytoplasmic change, vacuoles)
adrenal effects (increased incidence of small cell types).]

	6. Animal metabolism. [Metabolism and pharmacokinetic studies in the
rat demonstrate that spiromesifen residues are rapidly absorbed,
metabolized and eliminated.  There was no evidence of accumulation of
residues in any tissues or organs.  The primary metabolites are the
enol, which is formed by cleavage of the alkyl ester group, and the
4-hydroxymethyl metabolite.  Several other metabolites are also formed.]

	7. Metabolite toxicology. [In addition to parent, the metabolites of
concern are those containing the enol and 4-hydroxymethyl moieties.
Since both moieties are primary metabolites in mammalian systems
following the oral administration of spiromesifen to rats, the
toxicology data for spiromesifen adequately covers the metabolites.]

	8. Endocrine disruption. [There is no evidence to suggest that
spiromesifen has any primary endocrine disruptive potential.
Reproductive and developmental findings provided no evidence of an
enhanced sensitivity of the young.  All prospective endocrine and
endocrine-related changes which were noted were considered a function of
the chemical's biological mode of action, the degree of exposure, a
response secondary to other changes (e.g, enhanced liver metabolism), an
aging or strain-specific phenomenon, or some combination of these
factors.]

C. Aggregate Exposure

	1. Dietary exposure. [Acute dietary exposure limits for all
populations, including infants and children, are not necessary because
an endpoint of concern attributable to a single exposure (dose) was not
identified from the oral toxicity studies.  In addition, there are no
developmental concerns based on rat and/or rabbit developmental toxicity
studies . For the chronic dietary analysis, the chronic reference dose
(cRfD), of 0.033 mg/kg/day was derived from a parental systemic NOAEL of
3.3 mg/kg/day (based on the F1 generation) in a 2-generation
reproduction toxicity study in rats and the application of an UF of 100.
As the toxicology database is adequate for Food Quality Protection Act
(FQPA) purposes and there are no concerns or residual uncertainties for
pre-/post-natal toxicity, an FQPA safety factor of 1 was applied to the
chronic toxicology values, resulting in a chronic population adjusted
dose (cPAD) of 0.033 mg/kg/day.  As a conservative measure, the cPAD
values were used for all population sub-groups when conducting the
assessments.]

	i. Food. [Assessments were conducted to evaluate the potential risks
due to chronic dietary exposure of the entire U.S. population and
selected population subgroups to residues of spiromesifen.  These
assessments cover the established uses of spiromesifen on legume
vegetables, brassica (head and stem, broccoli and cabbage; leafy,
mustard greens), corn (field), cotton, cucurbits (cantaloupe, cucumbers,
and summer squash), fruiting vegetables (peppers and tomatoes), leafy
greens (head and leaf lettuce and spinach), potatoes, strawberries, and
the rotational crops of alfalfa, sugarbeets, barley, wheat and  oats and
the proposed uses on succulent shelled, edible-podded and dry shelled
beans.  These assessments also include secondary residues in animal
tissues resulting from registered and proposed uses.  Chronic exposure
for the most exposed subpopulation, Children 1-2 years, equated to 2.7%
of the cPAD.  The exposure to the U.S. population equated to 0.8% of the
cPAD. These Tier 3 chronic dietary exposure estimates, incorporating
Bayer CropScience estimates of  percent crop treated, are well below
EPA’s level of concern for the overall U.S. population as well as the
various population subgroups.]

	ii. Drinking Food. [Adding tolerances in beans and amending animal
tolerances will not alter exposure to residues of spiromesifen or its
degradates through drinking water. A drinking water assessment for
spiromesifen has been conducted based on PRZM/EXAMS(Pesticide Root Zone
Model/Exposure Analysis Modeling System) to  calculate the surface water
estimated drinking water concentrations (EDWCs) and on the Screening
Concentration in Ground Water (SCI-GROW) model to calculate
corresponding EDWCs. All EDWCs values are much lower than the drinking
water level of comparison (DWLOC) values of 326 µg/L (children 1-2
years old) determined for the chronic scenario. Therefore, the EDWCs do
not exceed the Agency’s level of concern. For the most highly exposed
population subgroup, infants, chronic aggregate dietary exposure (food
and water) was 6.7% of the cPAD. For the overall U.S. population,
chronic aggregate dietary exposure was 2.6% of the cPAD.   Aggregate
exposures are based on an estimated drinking water concentration of 28
µg/L.]

	2. Non-dietary exposure. [There are no indoor or outdoor residential
uses associated with this product.]

D. Cumulative Effects

	[Spiromesifen represents a new class of chemistry, ketoenoles.  There
are no data available to indicate that toxic effects produced by
spiromesifen are a result of a common mechanism and should be cumulated
with those of any other compound. EPA has not made a common mechanism of
toxicity finding as to spiromesifen and any other substances and
spiromesifen does not appear to produce a toxic metabolite produced by
other substances. Bayer will submit information, if necessary, for EPA
to consider concerning any potential cumulative effects of spiromesifen
consistent with the schedule established by EPA at 62 Federal Register
42020 (Aug. 4, 1997) and other EPA publications pursuant to the Food
Quality Protection Act.]

E. Safety Determination

	1. U.S. population. [Based on the exposure assessments described above
and on the completeness and reliability of the toxicity data, it can be
concluded that total aggregate exposure to spiromesifen from all label
uses will utilize less than 3 percent of the RfD for chronic dietary
exposures to the U.S. population and all population subgroups. EPA
generally has no concerns for exposures below 100 percent of the RfD,
because the RfD represents the level at or below which daily aggregate
exposure over a lifetime will not pose appreciable risks to human
health.  Thus, it can be concluded that there is a reasonable certainty
that no harm will result to the U.S. population from aggregate exposure
to spiromesifen residues.]

	2. Infants and children. [The Agency has previously concluded that the
toxicology database is adequate for Food Quality Protection Act (FQPA)
purposes and that there are no concerns or residual uncertainties for
pre-/post-natal toxicity. Therefore, a FQPA factor of 1X was selected.
Available studies include developmental toxicity studies in rats and
rabbits, a two-generation reproductive toxicity study in rats, and acute
and subchronic neurotoxicity studies in rats. In the prenatal
developmental toxicity studies in rats and rabbits and in the
two-generation reproduction study in rats, developmental toxicity to the
offspring occurred at equivalent or higher doses than maternal toxicity.
There are no neurotoxicity concerns based on acute and subchronic
neurotoxicity studies. The most highly exposed population subgroup was
infants with a total aggregate exposure to spiromesifen from all label
uses utilizing less than 7 percent of the RfD for chronic dietary
exposures. EPA generally has no concerns for exposures below 100 percent
of the RfD, because the RfD represents the level at or below which daily
aggregate exposure over a lifetime will not pose appreciable risks to
human health.  Thus, it can be concluded that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to spiromesifen residues.]

F. International Tolerances

	[Codex maximum residue levels (MRLs) are not yet established  for
spiromesifen.]


[Federal Register: May 2, 2006 (Volume 71, Number 84)]
[Notices]
[Page 25832]
[DOCID:fr02my06-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-309-000]

Stingray Pipeline Company, L.L.C.; Notice of Proposed Changes in
FERC Gas Tariff

April 25, 2006.
    Take notice that on April 14, 2006, Stingray Pipeline Company,
L.L.C. tendered for filing as part of its FERC Gas Tariff, Third
Revised Volume No. 1, the tariff sheets listed in Appendix A of the
filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-6567 Filed 5-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Page 14470]
[FR Doc No: 2018-06806]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4340-DR; Docket ID FEMA-2018-0001]

Virgin Islands; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
territory of the U.S. Virgin Islands (FEMA-4340-DR), dated September
20, 2017, and related determinations.

DATES: This amendment was issued March 15, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 15, 2018, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Brock Long,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage in the territory of the U.S.
Virgin Islands resulting from Hurricane Maria during the period of
September 16-22, 2017, is of sufficient severity and magnitude that
special cost-sharing arrangements are warranted regarding Federal
funds provided under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq.
    Therefore, I amend my declarations of September 20, 2017, and
October 3, 2017, to authorize a 60-day extension of the period of
100 percent Federal funding for debris removal and emergency
protective measures, including direct Federal assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-06806 Filed 4-3-18; 8:45 am]
 BILLING CODE 9111-23-P