# Designation of Product Categories for Federal Procurement

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2018-19681

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** September 14, 2018
- **Citation:** 83 FR 46780

## Text

DEPARTMENT OF AGRICULTURE
Office of Procurement and Property Management
7 CFR Part 3201
RIN 0599-AA26
Designation of Product Categories for Federal Procurement

AGENCY:

Office of Procurement and Property 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 30 sections that will designate the product categories within which biobased products would be afforded procurement preference by Federal agencies and their contractors. These 30 product categories contain finished products that are made, in large part, from intermediate ingredients that have been proposed for designation for Federal procurement preference. USDA is also proposing minimum biobased contents for each of these product categories. Additionally, USDA is proposing to amend the existing designated product categories of general purpose de-icers, firearm lubricants, laundry products, and water clarifying agents.

DATES:

USDA will accept public comments on this proposed rule until November 13, 2018.

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 0599-AA26. Also, please identify submittals as pertaining to the “Proposed Designation of Product Categories.”

•
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

•
Email: biopreferred_support@amecfw.com.
Include RIN number 0599-AA26 and “Proposed Designation of Product Categories” in the subject line. Please include your name and address in your message.

•
Mail/commercial/hand delivery:
Mail or deliver your comments to: Karen Zhang, USDA, Office of Procurement and Property Management, Room 1640, USDA South Building, 1400 Independence Avenue SW, Washington, DC 20250.

• 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:

Karen Zhang, USDA, Office of Procurement and Property Management, Room 1640, USDA South Building, 1400 Independence Avenue SW, Washington, DC 20250; email:
biopreferred_support@amecfw.com;
phone 919-765-9969. Information regarding the Federal preferred procurement program (one initiative of the BioPreferred Program) is available at
http://www.biopreferred.gov.

SUPPLEMENTARY INFORMATION:

The information presented in this preamble is organized as follows:

I. Authority

II. Background

III. Summary of This Proposed Rule

IV. Designation of Product Categories, Minimum Biobased Contents, and Time Frame

A. Background

B. Product Categories and Minimum Biobased Contents Proposed for Designation

C. Proposed Amendments to Previously Designated Product Categories

D. Compliance Date for Procurement Preference and Incorporation Into Specifications

V. Where can agencies get more information on these USDA-designated product categories?

VI. Regulatory Information

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Regulatory Flexibility Act (RFA)

C. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights

D. Executive Order 12988: Civil Justice Reform

E. Executive Order 13132: Federalism

F. Unfunded Mandates Reform Act of 1995

G. Executive Order 12372: Intergovernmental Review of Federal Programs

H. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

I. Paperwork Reduction Act

J. E-Government Act

I. Authority

The designation of these product categories is proposed under the authority of section 9002 of the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill), as amended by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), and further amended by the Agricultural Act of 2014 (the 2014 Farm Bill), 7 U.S.C. 8102. (Section 9002 of the 2002 Farm Bill, as amended by the 2008 and the 2014 Farm Bills, is 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 “Federal preferred procurement program.” Under the provisions specified in the “Guidelines for Designating Biobased Products for Federal Procurement” in Title 7 of the U.S. Code of Federal Regulations (CFR), part 3201 (Guidelines), the USDA BioPreferred Program “designates” product categories to which the preferred procurement requirements apply by listing them in subpart B of 7 CFR part 3201.

The term “product category” is used as a generic term in the designation process to mean a grouping of specific products that perform a similar function. As originally finalized, the Guidelines included provisions for the designation of product categories that were composed of finished, consumer products such as mobile equipment hydraulic fluids, penetrating lubricants, or hand cleaners and sanitizers.

The 2008 and 2014 Farm Bills directed USDA to expand the scope of the Guidelines to include the designation of product categories composed of both intermediate ingredients and feedstock materials and finished products made from those materials. Specifically, the 2008 Farm Bill stated that USDA shall “designate those items (including finished products) that are or can be produced with biobased products (including biobased products for which there is only a single product or manufacturer in the category) that will be subject to” Federal preferred procurement, “designate those intermediate ingredients and feedstocks that are or can be used to produce items that will be subject” to Federal preferred procurement, and “automatically designate items composed of [designated] intermediate ingredients and feedstocks . . . if the content of the designated intermediate ingredients and feedstocks exceeds 50 percent of the item (unless the Secretary determines a different composition percentage is appropriate).”

USDA is, therefore, proposing to designate product categories that contain finished products made from biobased intermediate ingredients and feedstocks.

Once USDA designates a product category, procuring agencies are

required, with some exceptions, to purchase biobased products within these designated product categories where the purchase price of the procurement product exceeds $10,000 or where the quantity of such products or the functionally equivalent products purchased over the preceding fiscal year equaled $10,000 or more. Procuring agencies must procure biobased products within each product category unless they determine that products within a product category 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 the Guidelines, biobased products that are merely incidental to Federal funding are excluded from the Federal 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. For example, if a janitorial service company purchases cleaning supplies to be used in the performance of a Federal contract, the cleaning supplies would be subject to the authority of the Federal preferred procurement program. However, cleaning supplies purchased to maintain the offices from which the janitorial service company manages the Federal contract would be incidental to the performance of the contract and, as such, would not be subject to the authority of the Federal preferred procurement program. In implementing the Federal 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. 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.

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 are categorized within the product categories proposed for designation in this proposed rule. Rather, the effect of the designation of the product categories is to require procuring agencies to determine their performance needs, determine whether there are qualified biobased products that are categorized within the designated product categories 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.

Section 9002(a)(3)(B) requires USDA to provide information to procuring agencies on the availability, relative price, and performance of such products and to recommend, where appropriate, the minimum level of biobased content to be contained in the procured products.

Subcategorization.
Most of the product categories USDA has designated for Federal preferred procurement cover a wide range of products. For some product categories, there are subgroups of products that meet different requirements, uses, and/or different performance specifications. For example, within the product 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 product category “hand cleaners and sanitizers,” USDA determined that it was reasonable to create a “hand cleaner” subcategory and a “hand sanitizer” subcategory. Sanitizing specifications are applicable to the latter subcategory, but not the former. In sum, USDA looks at the products within each product category to evaluate whether there are groups of products within the category that have unique characteristics or that meet different performance specifications and, if USDA finds these types of differences within a given product category, it intends to create subcategories with the minimum biobased content based on the tested products within the subcategory.

For some product categories, however, USDA may not have sufficient information at the time of proposal to create subcategories. For example, USDA may know that there are different performance specifications that metal cleaners and corrosion remover products are required to meet, but it may have information on only one type of metal cleaner and corrosion remover product. In such instances, USDA may either designate the product category without creating subcategories (
i.e.,
defer the creation of subcategories) or designate one subcategory and defer designation of other subcategories within the product category 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.

In this proposed rule, USDA is proposing to subcategorize one of the product categories. That product category is concrete repair materials, and the proposed subcategories are: Concrete leveling and concrete patching. USDA created two subcategories for “concrete repair materials” to distinguish these products by function. Details on this proposed product category and its subcategories may be found in section IV.B of this rule. USDA requests public comment, along with supporting data, on the need to create subcategories within any of the other proposed product categories in this proposed rule. If public comments are received that support the creation of additional subcategories, USDA will consider the supporting data and may create subcategories in the final rule.

Minimum Biobased Contents.
The minimum biobased contents being proposed in this rule are based on products for which USDA has biobased content test data. USDA obtains biobased content data in conjunction with product manufacturers' and vendors' applications for certification to use the USDA Certified Biobased Product label. Products that are certified to display the label must undergo biobased content testing by an independent, third-party testing lab using ASTM D6866, “Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis.” These test data are maintained in the BioPreferred Program database, and their use in setting the minimum biobased content for designated product categories results in a more efficient process for both the Program and manufacturers and vendors of products within the product categories.

As a result of the public comments received on the first designated product categories rulemaking proposal, USDA decided to account for the slight imprecision of three (3) percentage points in ASTM D6866 when establishing the minimum biobased content requirement for each proposed product category. Thus, rather than establishing the minimum biobased content for a product category at the tested biobased content of the product that was selected as the basis for the minimum value, USDA is establishing

the minimum biobased content for each product category at three (3) percentage points lower 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 proposed designated product categories.

In addition to considering the biobased content test data for each product category, 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 the same product category and 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 product category at a level that would include the product with desirable performance features.

USDA also considers the overall range of the tested biobased contents within a product category, groupings of similar values, and breaks (significant gaps between two groups of values) in the biobased content test data array. For example, in a previously proposed product category, the biobased contents of seven tested products ranged from 17 to 100 percent, as follows: 17, 41, 78, 79, 94, 98, and 100 percent. Because this is a wide range and because there is a notable gap in the data between the 41 percent biobased product and the 78 percent biobased product, USDA reviewed the product literature to determine whether subcategories could be created within this product category. USDA found that the available product information did not justify creating a subcategory based on the 17 percent product or the 41 percent product. Further, USDA did not find any performance claims that would justify setting the minimum biobased content based on either the 17 percent or the 41 percent products. Thus, USDA set the minimum biobased content for this product category at 75 percent, based on the product with a tested biobased content of 78 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 product category. For most designated product categories, USDA has biobased content test data on more than one product within the category. However, in some cases, USDA has been able to obtain biobased content data for only a single product within a designated product category. As USDA obtains additional data on the biobased contents of products within these designated product categories or their subcategories, USDA will evaluate whether the minimum biobased content for a designated product category or subcategory will be revised.

Overlap with the Environmental Protection Agency's (EPA) Comprehensive Procurement Guideline program for recovered content products under the Resource Conservation and Recovery Act (RCRA) section 6002.
Some of the products that are categorized in biobased product categories that are designated for Federal preferred procurement under the BioPreferred Program may overlap with product categories that the U.S. Environmental Protection Agency (EPA) has designated under its Comprehensive Procurement Guideline (CPG) for products containing recovered (or recycled) materials. A list of the U.S. EPA Comprehensive Procurement Guideline (CPG) program's product categories may be found on its website (
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
) and Title 40 CFR part 247 in the CFR. In this proposed rule, some products that are categorized in the proposed product categories of concrete curing agents; concrete repair materials—concrete leveling; concrete repair materials—concrete patching; exterior paints and coatings; folders and filing products; other lubricants; playground and athletic surface materials; product packaging; rugs or floor mats; shopping and trash bags; soil amendments; and transmission fluids may also be categorized in one or more of the following product categories that are designated in EPA's CPG program:

• Construction Products: Cement and Concrete; Consolidated and Reprocessed Latex Paint for Specified Uses;

• Landscaping Products: Compost Made From Recovered Organic Materials; Fertilizer Made From Recovered Organic Materials;

• Miscellaneous Products: Mats;

• Non-Paper Office Products: Binders, Clipboards, File Folders, Clip Portfolios, and Presentation Folders; Plastic Envelopes; Plastic Trash Bags;

• Paper Products: Paperboard and Packaging;

• Parks and Recreation Products: Playground Surfaces; Running Tracks; and

• Vehicular Products: Re-Refined Lubricating Oil.

More specifics regarding this overlap are addressed in section IV.B for each of this proposed product categories that was identified above. As such, USDA is asking manufacturers and vendors 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 the same products for the same uses as the recovered content products. Manufacturers and vendors 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 and vendors are asked to provide other types of information, such as whether the product contains fossil energy-based components (
e.g.,
petroleum, coal, or natural gas) and whether the product contains recovered materials. Federal agencies also may review available information on a product's biobased content and then use this information to make purchasing decisions based on the sustainability features of the products.

According to the Federal Acquisition Regulation, Title 48 CFR part 23.405, where a biobased product is used for the same purposes and meets 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 re-refined oil” have already been designated by EPA for that purpose, then the Federal agency must purchase the EPA-designated recovered content product, “lubricating oils containing re-refined oil.” If, on the other hand, the 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.

Federal Government Purchase of Sustainable Products.
The Federal

government's sustainable purchasing program includes the following three mandatory preference programs for designated products: The BioPreferred Program, the EPA's CPG program, and the Environmentally Preferable Purchasing program. The Office of the Chief Sustainability Officer (OCSO) and the Office of Management and Budget (OMB) encourage agencies to implement these components comprehensively when purchasing products and services.

Other Federal Preferred Procurement Programs.
Federal procurement officials should also note that many biobased products may be available for purchase by Federal agencies through the AbilityOne Program (formerly known as the Javits-Wagner-O'Day (JWOD) program). Under this program, members of organizations including the National Industries for the Blind (NIB) and SourceAmerica (formerly known as the National Industries for the Severely Handicapped) offer products and services for preferred procurement by Federal agencies.

The types of products that could be categorized in this proposed product categories could also be available for purchase in the AbilityOne Catalog (
www.abilityone.com
). USDA notes that the AbilityOne Catalog offers a combination of non-biobased and biobased products; therefore, the selection of biobased products that is currently available for purchase may be small. USDA encourages procuring agencies to first consider purchasing biobased products from the AbilityOne Catalog when fulfilling biobased product purchasing requirements.

Some biobased products that are categorized in this proposed product categories of adhesives; cleaning tools; clothing; de-icers; durable cutlery; durable tableware; exterior paints and coatings; feminine care products; folders and filing products; gardening supplies and accessories; kitchenware and accessories; other lubricants; rugs and floor mats; and toys and sporting gear could be available for purchase in one or more of the following product categories in the AbilityOne Catalog:

• Cleaning and Janitorial Products,

• Clothing,

• Furniture,

• Hardware and Paints,

• Kitchen and Breakroom Supplies,

• Mailing and Shipping Supplies,

• Office Supplies,

• Outdoor Supplies, and

• Skin and Personal Care.

As indicated previously, there currently is a small selection of biobased products in the AbilityOne Catalog. In the future, if the AbilityOne Catalog were to offer a broader selection of biobased products for procuring agencies to purchase, the objectives of both the AbilityOne Program and the Federal preferred procurement program would be furthered.

Outreach.
To augment its own research, USDA consults with industry and Federal stakeholders to the Federal preferred procurement program during the development of the rulemaking packages for the designation of product categories. USDA consults with stakeholders to gather information used in determining the order of product category designation and in identifying the following: Manufacturers producing and marketing products that are categorized within a product category 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.

III. Summary of This Proposed Rule

USDA is proposing to designate the following product categories for Federal preferred procurement: Adhesives; animal habitat care products; cleaning tools; concrete curing agents; concrete repair materials; durable cutlery; durable tableware; epoxy systems; exterior paints and coatings; facial care products; feminine care products; fire logs and fire starters; folders and filing products; foliar sprays; gardening supplies and accessories; heating fuels and wick lamps; kitchenware and accessories; other lubricants; phase change materials; playground and athletic surface materials; powder coatings; product packaging; rugs and floor mats; shopping and trash bags; soil amendments; surface guards, molding, and trim; toys and sporting gear; traffic and zone marking paints; transmission fluids; and wall coverings. In addition, USDA is proposing a minimum biobased content for each of these product categories and/or subcategories. Lastly, USDA is proposing a date by which Federal agencies must incorporate these designated product categories into their procurement specifications (see section IV.E).

USDA is also proposing to amend the existing designated product categories of general purpose de-icers; firearm lubricants; laundry products; and water clarifying agents. Since USDA finalized the designation of each of these product categories, USDA has obtained additional information on products within these four categories. Thus, USDA is now proposing amendments to these four categories to more closely align the existing categories with data gathered since the categories were originally designated.

USDA is working with manufacturers and vendors to make all relevant product and manufacturer contact information available on the BioPreferred Program's website at
http://www.biopreferred.gov.
Steps USDA has implemented, or will implement, include the following: Making direct contact with submitting companies through email and phone conversations to encourage completion of product listings; coordinating outreach efforts with biobased product manufacturers 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 product categories through the BioPreferred Program's website.

Comments.
USDA invites public comment on the proposed designation of these product categories, including the definition, proposed minimum biobased content, and any of the relevant analyses performed during their selection. In addition, USDA invites comments in the following areas:

1. We have attempted to identify relevant and appropriate performance standards and other relevant measures of performance for each of the proposed product categories. If you know of other such standards or relevant measures of performance for any of the proposed product categories, 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.

2. Many biobased products within the product categories being proposed for designation will or may have positive environmental and human health attributes. USDA is seeking comments on such attributes to provide additional information on the BioPreferred Program's website. 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/or human health attributes that you describe.

3. Some product categories being proposed for designation today have wide ranges of tested biobased contents. For the reasons discussed later in this preamble, USDA is proposing a minimum biobased content for these product categories that would allow most of the tested products to be eligible for Federal preferred procurement. USDA welcomes comments on the appropriateness of the proposed minimum biobased contents for these product categories and whether there are potential subcategories within the product categories that should be considered.

4. This proposed rule is expected to have both positive and negative impacts on individual businesses, including small businesses. USDA anticipates that the biobased Federal preferred procurement program will provide additional opportunities for businesses and manufacturers to begin supplying products under the proposed designated biobased product categories 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, which may be adversely affected by this 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.

IV. Designation of Product Categories, Minimum Biobased Contents, and Time Frame

A. Background

When designating product categories for Federal preferred procurement, section 9002 requires USDA to consider the following: (1) The availability of biobased products within the product categories and (2) the economic and technological feasibility of using those products.

In considering a product's availability, USDA uses several sources of information. The primary source of information for the product categories being proposed for designation is USDA's database of manufacturers and products that have been certified to display the USDA Certified Biobased Product label. In addition, USDA performs internet searches, contacts trade associations and commodity groups, and contacts manufacturers and vendors to identify those with biobased products within product categories being considered for designation. USDA uses the results of these same searches to determine if a product category is generally available.

In considering a product category's economic and technological feasibility, USDA examines evidence pointing to the general commercial use of a product and its life-cycle cost and performance characteristics. This information is obtained from the sources used to assess a product's availability. Commercial use, in turn, is evidenced by any manufacturer and vendor information on the availability, relative prices, and performance of their products as well as by evidence of a product being purchased by a procuring agency or other entity, where available. In sum, USDA considers a product category economically and technologically feasible for purposes of designation if products within that product category are being offered and used in the marketplace.

As discussed earlier, USDA has implemented, or will implement, several steps intended to educate the manufacturers and other stakeholders on the benefits of this program and the need to make relevant information, including manufacturer contact information, available to procurement officials via the BioPreferred Program website. Additional information on specific products within the product categories proposed for designation may also be obtained directly from the manufacturers of the products. USDA has also provided information on the BioPreferred Program website for manufacturers and vendors who wish to position their businesses as biobased product vendors to the Federal Government. This information can be accessed by clicking on the “Selling Biobased” tab on the left side of the home page of the BioPreferred Program's website.

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 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 bacteria must be killed by the product.) The primary sources of information on these test methods and performance standards are manufacturers of biobased products within these product categories. Additional test methods and performance standards are also identified during meetings of the interagency council and during the review process for each proposed rule. The functional performance test methods, performance standards, product certifications, and other measures of performance associated with the functional aspects of each product category proposed for designation are listed under the detailed discussion presented in Section IV.B.

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 product category or for any individual product within the category. As noted earlier in this preamble, USDA is requesting identification of other relevant performance standards and measures of performance. As the program continues to evolve, these and other additional relevant performance standards will be available on the BioPreferred Program's website.

To propose a product category for designation, USDA must have sufficient information on a sufficient number of products within the category to be able to assess its availability and its economic and technological feasibility. For some product categories, there may be numerous products available. For others, there may be very few products currently available. Given the infancy of the market for some product categories, it is expected that categories with only a single product 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 a product category or subcategory for Federal preferred procurement even when there is only a single product with a single manufacturer or vendor. Similarly, the documented availability and benefits of even a very small percentage of all products that may exist within a product category are also considered sufficient to support designation.

Exemptions.
Products that are exempt from the biobased procurement preference include military equipment, defined as any product or system designed or procured for combat or combat-related missions, and spacecraft systems and launch support equipment. However, USDA notes that it is not the intent of these exemptions to imply that biobased products are inferior to non-biobased products; agencies are encouraged to purchase biobased products wherever performance, availability, and reasonable price indicate that such purchases are justified.

Although each product category in this 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 applying a paint remover product as a step in refurbishing office furniture on a military base, the paint remover the contractor purchases should be a qualifying biobased paint remover. 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 the relevant contract, in areas where contractors have any questions on the exemption, they should contact the cognizant contracting officer.

B. Product Categories and Minimum Biobased Contents Proposed for Designation

In this proposed rule, USDA is proposing to designate the following: Adhesives; animal habitat care products; cleaning tools; concrete curing agents; concrete repair materials; durable cutlery; durable tableware; epoxy systems; exterior paints and coatings; facial care products; feminine care products; fire logs and fire starters; folders and filing products; foliar sprays; gardening supplies and accessories; heating fuels and wick lamps; kitchenware and accessories; other lubricants; phase change materials; playground and athletic surface materials; powder coatings; product packaging; rugs and floor mats; shopping and trash bags; soil amendments; surface guards, molding, and trim; toys and sporting gear; traffic and zone marking paints; transmission fluids; and wall coverings.

USDA has determined that each of these product categories meets the necessary statutory requirements—namely, that they are being produced with biobased materials 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, this designation of finished product categories made from designated intermediate ingredients was one key addition to Section 9002 made by the 2008 Farm Bill.

In addition, because of the participation by the manufacturers of these products in the voluntary labeling program, USDA has sufficient information on these proposed product categories to determine their availability and to conduct the requisite analyses to determine their biobased content and their economic and technological feasibility.

The proposed designated product categories are discussed in the following sections.

1. Adhesives (Minimum Biobased Content 24 Percent)

Adhesives are compounds that temporarily or permanently bind two item surfaces together. These products include glues and sticky tapes used in construction, household, flooring, and industrial settings. This category excludes epoxy systems.

USDA identified six manufacturers and vendors of 10 biobased adhesives. These manufacturers and vendors do not include all manufacturers and vendors of biobased adhesives, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These 10 biobased adhesives have biobased contents of 27, 27, 28, 30, 30, 46, 48, 53, 71, and 71 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of the products categorized as adhesives. Thus, the proposed minimum biobased content for this product category is 24 percent, based on the products with tested biobased contents of 27 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, one of these manufacturers and vendors identified one additional test method (as shown below) that was used in evaluating products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the test method identified by this manufacturer and vendor is below:

• ASTM E108 Standard Test Methods for Fire Tests of Roof Coverings.

USDA has been unable to obtain data on the amount of adhesives purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Adhesives may be manufactured using the following designated intermediate ingredient and feedstock categories: intermediates—binders, intermediates—chemicals, intermediates—fibers and fabrics, intermediates—plastic resins, intermediates—rubber materials, and intermediates—textile processing materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, has been collected on adhesives and may be found on the BioPreferred Program's website.

2. Animal Habitat Care Products (Minimum Biobased Content 22 Percent)

Animal habitat care products are products that are intended to improve the quality of animal habitats such as cleaning supplies, sanitizers, feeders, and products that control, mask, or suppress pet odors. This category excludes animal bedding or litter products and animal cleaning products.

USDA identified eight manufacturers and vendors of 52 biobased animal habitat care products. These manufacturers and vendors do not include all manufacturers and vendors of biobased animal habitat care products, merely those identified as

USDA Certified Biobased Products in the BioPreferred Program's database. These 52 biobased animal habitat care products range in biobased content from 25 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of the products categorized as animal habitat care products. Thus, the proposed minimum biobased content for this product category is 22 percent, based on the products with tested biobased contents of 25 percent.

Information supplied by the eight manufacturers and vendors indicates that these products are being used commercially. In addition, one of these manufacturers and vendors identified additional performance standards (as shown below) that were used in evaluating products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, those identified by this manufacturer and vendor include the following:

• GS-8 Green Seal Environmental Standard for Household Cleaning Products and

• GS-37 Green Seal Standard for Industrial and Institutional Cleaners.

USDA has been unable to obtain data on the amount of animal habitat care products purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Animal habitat care products may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—cleaner components; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; intermediates—personal care product components; intermediates—plastic resins; intermediates—rubber materials; and intermediates—textile processing materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on animal habitat care products and may be found on the BioPreferred Program's website.

3. Cleaning Tools (Minimum Biobased Content 22 Percent)

Cleaning tools are objects that are used to clean a variety of surfaces or items and are designed to be used multiple times. This category includes tools such as brushes, scrapers, abrasive pads, and gloves that are used for cleaning. The expendable materials used in cleaning, such as glass cleaners, single-use wipes, and all-purpose cleaners, are excluded from this category as these materials better fit in other categories.

USDA identified five manufacturers and vendors of 21 biobased cleaning tools. These manufacturers and vendors do not include all manufacturers and vendors of biobased cleaning tools, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These 21 biobased cleaning tools range in biobased content from 25 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 22 percent, based on the product with a tested biobased content of 25 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of cleaning tools purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Cleaning tools may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; intermediates—plastic resins; and intermediates—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on cleaning tools and may be found on the BioPreferred Program's website.

4. Concrete Curing Agents (Minimum Biobased Content 59 Percent)

Concrete curing agents are products that are designed to enhance and control the curing process of concrete.

USDA identified one manufacturer and vendor of one biobased concrete curing agent. This manufacturer and vendor is not the only manufacturer and vendor of biobased concrete curing agents; rather, it is the only manufacturer and vendor that was identified as USDA Certified Biobased Products in the BioPreferred Program's database. This biobased concrete curing agent contains 62 percent biobased content, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude this product. Thus, the proposed minimum biobased content for this product category is 59 percent, based on the product's tested biobased content of 62 percent.

Information supplied by this manufacturer and vendor indicates that this product is being used commercially. In addition, this manufacturer and vendor identified one additional test method (as shown below) that was used in evaluating the product within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the test method identified by this manufacturer and vendor is below:

• ASTM C309 Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete.

USDA has been unable to obtain data on the amount of concrete curing agents purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Concrete

curing agents may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—oils, fats, and waxes; and intermediates—paints and coating components.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on concrete curing agents and may be found on the BioPreferred Program's website.

Biobased concrete curing agents may overlap with the products categorized in the EPA's CPG product category of Construction Products: Cement and Concrete. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and other test methods or performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased concrete curing agents overlap with the CPG-designated product category of Construction Products: Cement and Concrete and which product should be afforded the preference in purchasing.

5. Concrete Repair Materials (Minimum Biobased Content: 23 Percent for Concrete Leveling and 69 Percent for Concrete Patching)

Concrete leveling materials are products that are designed to repair cracks and other damage to concrete by raising or stabilizing concrete. Concrete patching materials are products that are designed to repair cracks and other damage to concrete by filling and patching the concrete.

USDA identified one manufacturer and vendor of two biobased concrete leveling products and one manufacturer and vendor of one biobased concrete patching product. These manufacturers and vendors do not include all manufacturers and vendors of biobased concrete repair materials, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. The biobased concrete repair materials—concrete leveling products—contain 26 percent and 46 percent biobased content, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product subcategory, USDA did not find a reason to exclude either of these products. Thus, the proposed minimum biobased content for this product subcategory is 23 percent, based on the product with a tested biobased content of 26 percent. The biobased concrete repair materials—concrete patching product—contains 72 percent biobased content, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude this product. Thus, the proposed minimum biobased content for this product subcategory is 69 percent, based on the product's tested biobased content of 72 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in these finished product subcategories.

USDA has been unable to obtain data on the amount of concrete repair materials purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product subcategory would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Concrete repair materials may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; intermediates—paint and coating components; and intermediates—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on Concrete Repair Materials and may be found on the BioPreferred Program's website.

Biobased concrete repair materials may overlap with the products categorized in the EPA's CPG product category of Construction Products: Cement and Concrete. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website of qualifying biobased products about the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and other test methods or performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased concrete repair materials overlap with the CPG-designated product category of Construction Products: Cement and Concrete and which product should be afforded the preference in purchasing.

6. Durable Cutlery (Minimum Biobased Content 28 Percent)

Durable cutlery consists of dining utensils that are designed to be used multiple times.

USDA identified one manufacturer and vendor of three biobased durable cutlery products. This manufacturer and vendor is not the only manufacturer and vendor of biobased durable cutlery; rather, it is the only one that was identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased durable cutlery products contain 31, 31, and 98 percent biobased content, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 28 percent, based on the products with tested biobased contents of 31 percent.

Information supplied by this manufacturer and vendor indicates that these products are being used commercially. While this manufacturer and vendor did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of durable cutlery purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Durable cutlery may be manufactured using the

following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—oils, fats, and waxes; intermediates—plastic resins; and intermediates—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on durable cutlery products and may be found on the BioPreferred Program's website.

7. Durable Tableware (Minimum Biobased Content 28 Percent)

Durable tableware consists of multiple-use drinkware and dishware including cups, plates, bowls, and serving platters.

USDA identified four manufacturers and vendors of 17 biobased durable tableware products. These manufacturers and vendors do not include all manufacturers and vendors of biobased durable tableware, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased durable tableware products range in biobased content from 31 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 28 percent, based on the product with a tested biobased content of 31 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of durable tableware purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Durable tableware may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—oils, fats, and waxes; intermediates—plastic resins; and intermediates—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on durable tableware products and may be found on the BioPreferred Program's website.

8. Epoxy Systems (Minimum Biobased Content 23 Percent)

Epoxy systems are two-component systems that are epoxy-based and are used as coatings, adhesives, surface fillers, and composite matrices.

USDA identified six manufacturers and vendors of 13 biobased epoxy systems. These manufacturers and vendors do not include all manufacturers and vendors of biobased epoxy systems, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased epoxy systems range in biobased content from 26 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 23 percent, based on the product with a tested biobased content of 26 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, two of these manufacturers and vendors identified additional test methods (as shown below) that were used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the test methods identified by these two manufacturers and vendors include the following:

• ASTM D638 Standard Test Method for Tensile Properties of Plastics,

• ASTM D790 Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials, and

• ASTM D2486 Standard Test Methods for Scrub Resistance of Wall Paints.

USDA has been unable to obtain data on the amount of epoxy systems purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Epoxy systems may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—oils, fats, and waxes; intermediates—paints and coating components; and intermediates—plastic resins.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on epoxy systems and may be found on the BioPreferred Program's website.

9. Exterior Paints and Coatings (Minimum Biobased Content 83 Percent)

Exterior paints and coatings are liquid products that typically contain pigments to add color and are formulated for use on outdoor surfaces. When these products dry, they typically form a protective layer and provide a coat of color to the applied surface. This category includes paint and primers but excludes wood and concrete sealers and stains and specialty coatings such as roof coatings, wastewater system coatings, and water tank coatings.

USDA identified one manufacturer and vendor of three biobased exterior paints and coatings. This manufacturer and vendor is not the only manufacturer and vendor of biobased exterior paints and coatings; rather, it is the only manufacturer and vendor that was identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased exterior paints and coatings have biobased contents of 86, 87, and 89 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 83 percent, based on the product with a tested biobased content of 86 percent.

Information supplied by this manufacturer and vendor indicates that these products are being used commercially. While this manufacturer and vendor did not identify additional test methods, performance standards, product certifications, and other measures of performance for these

products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of exterior paints and coatings purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Exterior paints and coatings may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—oils, fats, and waxes; intermediates—paint and coating components; and intermediates—plastic resins.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on exterior paints and coatings and may be found on the BioPreferred Program's website.

Biobased exterior paints and coatings may overlap with the products categorized in the EPA's CPG product category of Construction Products: Consolidated and Reprocessed Latex Paint for Specified Uses. USDA is requesting that manufacturers of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased exterior paints and coatings overlap with the CPG-designated product category of Construction Products: Consolidated and Reprocessed Latex Paint for Specified Uses and which product should be afforded the preference in purchasing.

10. Facial Care Products (Minimum Biobased Content 88 Percent)

Facial care products are cleansers, moisturizers, and treatments specifically designed for the face. These products are used to care for the condition of the face by supporting skin integrity, enhancing its appearance, and relieving skin conditions. This category does not include tools and applicators, such as those used to apply facial care products.

USDA identified eight manufacturers and vendors of 18 biobased facial care products. These manufacturers and vendors do not include all manufacturers and vendors of biobased facial care products, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased facial care products range in biobased content from 91 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 88 percent, based on the products with tested biobased contents of 91 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, one manufacturer and vendor identified additional product certifications or performance standards (as shown below) that were used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, those identified by this manufacturer and vendor include the followin:

• USDA National Organic Program,

• EU Organic Certification, and

• Global Organic Textile Standard (GOTS).

USDA has been unable to obtain data on the amount of facial care products purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Facial care products may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; and intermediates—personal care product components.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on facial care products and may be found on the BioPreferred Program's website.

11. Feminine Care Products (Minimum Biobased Content 65 Percent)

Feminine care products are products that are designed for maintaining feminine health and hygiene. This category includes sanitary napkins, panty liners, and tampons.

USDA identified two manufacturers and vendors of 18 biobased feminine care products. These manufacturers and vendors are not the only manufacturers and vendors of biobased feminine care products; rather, they are the only manufacturers and vendors that were identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased feminine care products range in biobased content from 68 percent to 99 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 65 percent, based on the product with a tested biobased content of 68 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, one manufacturer identified additional product certifications or performance standards (as shown below) that were used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, those identified by this manufacturer include the following:

• USDA National Organic Program,

• EU Organic Certification, and

• Global Organic Textile Standard (GOTS).

USDA has been unable to obtain data on the amount of feminine care products purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Feminine care products may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders;

intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—personal care product components; intermediates—plastic resins; and intermediates—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on feminine care products and may be found on the BioPreferred Program's website.

12. Fire Logs and Fire Starters (Minimum Biobased Content 92 Percent)

Fire logs and fire starters are devices or substances that are used to start a fire intended for uses such as comfort heat, decoration, or cooking. Examples include fire logs and lighter fluid. This category excludes heating fuels for chafing dishes, beverage urns, warming boxes, and wick lamps.

USDA identified 10 manufacturers and vendors of 18 biobased fire logs and fire starters. These manufacturers and vendors do not include all manufacturers and vendors of biobased fire logs and fire starters, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased fire logs and fire starters range in biobased content from 95 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 92 percent, based on the product with a tested biobased content of 95 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, three of these manufacturers and vendors identified additional test methods, performance standards, and product certifications (as shown below) that were used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, those identified by these manufacturers or vendors include the following:

• ASTM D6751 Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels and

• UL 2115 Standard for Processed Solid-Fuel Firelogs.

USDA has been unable to obtain data on the amount of fire logs and fire starters purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Fire logs and fire starters may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—oils, fats, and waxes; and intermediates—plastic resins.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on fire logs and fire starters and may be found on the BioPreferred Program's website.

13. Folders and Filing Products (Minimum Biobased Content 66 Percent)

Folders and filing products are products that are designed to hold together items such as loose sheets of paper, documents, and photographs with clasps, fasteners, rings, or folders. This category includes binders, folders, and document covers.

USDA identified one manufacturer and vendor of two biobased folders and filing products. This manufacturer and vendor is not the only manufacturer and vendor of biobased folders and filing products; rather, it is the only manufacturer and vendor that was identified as USDA Certified Biobased Products in the BioPreferred Program's database. These two biobased folders and filing products each contain 69 percent biobased content, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude either of these products. Thus, the proposed minimum biobased content for this product category is 66 percent, based on the products with tested biobased contents of 69 percent.

Information supplied by this manufacturer and vendor indicates that these products are being used commercially. While this manufacturer and vendor did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of folders and filing products purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Folders and filing products may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; intermediates—plastic resins; and intermediates—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on folders and filing products and may be found on the BioPreferred Program's website.

Biobased folders and filing products may overlap with the products categorized in the EPA's CPG product categories of Non-Paper Office Products: Binders, Clipboards, File Folders, Clip Portfolios, and Presentation Folders and Non-Paper Office Products: Plastic Envelopes. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and other test methods or performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased folders and filing products overlap with the CPG-designated product categories of Non-Paper Office Products: Binders, Clipboards, File Folders, Clip Portfolios, and Presentation Folders and Non-Paper Office Products: Plastic Envelopes and which product should be afforded the preference in purchasing.

14. Foliar Sprays (Minimum Biobased Content 50 Percent)

Foliar sprays are products that are applied to the leaves of plants and provide plants with nutrients. These products may also repair plants from previous pest attacks. Examples include liquid fertilizers, foliar feeds, and micronutrient solutions.

USDA identified nine manufacturers and vendors of nine biobased foliar sprays. These manufacturers and vendors do not include all manufacturers and vendors of biobased foliar sprays, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased foliar sprays have biobased contents of 53, 74, 80, 93, 97, 97, 97, 100 and 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 50 percent, based on the product with a tested biobased content of 53 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, one of these manufacturers and vendors identified an additional test method (as shown below) that was used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the test method identified by this manufacturer and vendor is below:

• ASTM D4052 Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter.

USDA has been unable to obtain data on the amount of foliar sprays purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Foliar sprays may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—cleaner components; and intermediates—oils, fats, and waxes.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on foliar sprays and may be found on the BioPreferred Program's website.

15. Gardening Supplies and Accessories (Minimum Biobased Content 43 Percent)

Gardening supplies and accessories are products that are used to grow plants in outdoor and indoor settings. Examples include seedling starter trays, nonwoven mats or substrates for hydroponics, and flower or plant pots. This category excludes compost activators and accelerators; erosion control materials; fertilizers, including soil inoculants; foliar sprays; mulch and compost materials; and soil amendments.

USDA identified eight manufacturers and vendors of 12 biobased gardening supplies and accessories. These manufacturers and vendors do not include all manufacturers and vendors of biobased gardening supplies and accessories, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased gardening supplies and accessories range in biobased content from 46 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 43 percent, based on the product with a tested biobased content of 46 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, one of these manufacturers and vendors identified an additional test method (as shown below) that was used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the one identified by this manufacturer and vendor is below:

• ASTM D6400 Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities.

USDA has been unable to obtain data on the amount of gardening supplies and accessories purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Gardening supplies and accessories may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; and intermediates—plastic resins.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on gardening supplies and accessories and may be found on the BioPreferred Program's website.

16. Heating Fuels and Wick Lamps (Minimum Biobased Content 75 Percent)

Heating fuels and wick lamps are products that create controlled sources of heat or sustain controlled open flames that are used for warming food, portable stoves, beverage urns, or fondues. This category also includes wick lamps and their fuels that create controlled sources of light indoors and in camping or emergency preparedness situations. This category excludes fire logs and fire starters and candles and wax melts.

USDA identified three manufacturers and vendors of 12 biobased heating fuels and wick lamps. These manufacturers and vendors do not include all manufacturers and vendors of biobased heating fuels and wick lamps, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased heating fuels and wick lamps range in biobased content from 78 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 75 percent, based on the product with a tested biobased content of 78 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, one of these manufacturers and vendors identified an additional test method (as shown below) that was used in evaluating the products within this product category.

While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the test method identified by this manufacturer and vendor is below:

• ASTM E1333 Standard Test Method for Determining Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large Chamber.

USDA has been unable to obtain data on the amount of heating fuels and wick lamps purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Heating fuels and wick lamps may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—oils, fats, and waxes; and intermediates—plastic resins.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on heating fuels and wick lamps and may be found on the BioPreferred Program's website.

17. Kitchenware and Accessories (Minimum Biobased Content 22 Percent)

Kitchenware and accessories are products designed for food or drink preparation. These products include cookware and bakeware, such as baking cups, cookie sheets, parchment paper, and roasting bags or pans; cooking utensils, such as brushes, tongs, spatulas, and ladles; and food preparation items, such as cutting boards, measuring cups, mixing bowls, coffee filters, food preparation gloves, and sandwich and snack bags. These products exclude kitchen appliances, such as toasters, blenders, and coffee makers; disposable tableware; disposable cutlery; disposable containers; durable tableware; durable cutlery; and cleaning tools.

USDA identified five manufacturers and vendors of 17 biobased kitchenware and accessories. These manufacturers and vendors do not include all manufacturers and vendors of biobased kitchenware and accessories, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These 17 biobased kitchenware and accessories range in biobased content from 25 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 22 percent, based on the product with a tested biobased content of 25 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, these manufacturers and vendors identified one additional test method (as shown below) that was used in evaluating products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the test method identified by these manufacturers and vendors is below:

• ASTM D6400 Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities.

USDA has been unable to obtain data on the amount of kitchenware and accessories purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Kitchenware and accessories may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; intermediates—plastic resins; intermediates—rubber materials; and intermediates—textile processing materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on kitchenware and accessories and may be found on the BioPreferred Program's website.

18. Other Lubricants (Minimum Biobased Content 39 Percent)

Other lubricants are lubricant products that do not fit into any of the BioPreferred Program's specific lubricant categories. This category includes lubricants that are formulated for specialized uses. Examples of other lubricants include lubricants used for sporting or exercise gear and equipment, musical instruments, and specialized equipment such as tree shakers. This category excludes lubricants that are covered by the specific lubricant categories such as chain and cable lubricants, firearm lubricants, forming lubricants, gear lubricants, multi-purpose lubricants, penetrating lubricants, pneumatic equipment lubricants, and slide way lubricants.

USDA identified five manufacturers and vendors of 14 biobased other lubricants. These manufacturers and vendors do not include all manufacturers and vendors of biobased other lubricants, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased other lubricants range in biobased content from 42 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 39 percent, based on the product with a tested biobased content of 42 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, one of these manufacturers and vendors identified an additional test method (as shown below) that was used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, the one identified by this manufacturer and vendor is below:

• California Code of Regulations (CCR) Title 22, Section 66696 Static Acute Bioassay Procedures for Hazardous Waste Samples.

USDA has been unable to obtain data on the amount of other lubricants purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute

towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Other lubricants may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—cleaner components; intermediates—lubricant components; and intermediates—oils, fats, and waxes.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on other lubricants and may be found on the BioPreferred Program's website.

Biobased other lubricants may overlap with the products categorized in the EPA's CPG product category of Vehicular Products: Re-Refined Lubricating Oil. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and other test methods or performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased Other Lubricants overlap with the CPG-designated product category of Vehicular Products: Re-Refined Lubricating Oil and which product should be afforded the preference in purchasing.

19. Phase Change Materials (Minimum Biobased Content 71 Percent)

Phase change materials are products that are capable of absorbing and releasing large amounts of thermal energy by freezing and thawing at certain temperatures. Heat is absorbed or released when the material changes from solid to liquid and vice versa. Applications may include, but are not limited to, conditioning of buildings, medical applications, thermal energy storage, or cooling of food. Materials such as animal fats and plant oils that melt at desirable temperatures are typically used to make products in this category.

USDA identified two manufacturers and vendors of eight biobased phase change materials. These manufacturers and vendors do not include all manufacturers and vendors of biobased phase change materials, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased phase change materials have biobased contents of 74, 94, 100, 100, 100, 100, 100, and 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 71 percent, based on the product with a tested biobased content of 74 percent.

Information supplied by these manufacturers and vendors indicates that this product is being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of phase change materials purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Phase change materials may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; and intermediates—oils, fats, and waxes.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on phase change materials and may be found on the BioPreferred Program's website.

20. Playground and Athletic Surface Materials (Minimum Biobased Content 22 Percent)

Playground and athletic surface materials are products that are designed for use on playgrounds and athletic surfaces. Examples include materials that are applied to the surfaces of playgrounds, athletic fields, and other sports surfaces to enhance or change the color or general appearance of the surface and to provide safety and/or performance benefits. Such materials include, but are not limited to, top coatings, primers, line marking paints, and rubberized pellets that are used on athletic courts, tracks, natural or artificial turf, and other playing surfaces. This category does not include the artificial turf or surface itself, as that is included in the carpets product category.

USDA identified two manufacturers and vendors of three biobased playground and athletic surface materials. These manufacturers and vendors are not the only manufacturers and vendors of biobased playground and athletic surface materials; rather, they are the only manufacturers and vendors that were identified through the USDA Certified Biobased Products listing in the BioPreferred Program's database. These biobased playground and athletic surface materials have biobased contents of 25, 25, and 29 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 22 percent, based on the products with tested biobased contents of 25 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of playground and athletic surface materials purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Playground and athletic surface materials may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—oils, fats, and waxes; intermediates—paint and coating components; intermediates—plastic resins; and intermediate—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance

characteristics, have been collected on playground and athletic surface materials and may be found on the BioPreferred Program's website.

Biobased playground and athletic surface materials may overlap with the products categorized in the EPA's CPG product categories of Parks and Recreation Products: Playground Surfaces and Running Tracks. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and other test methods or performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased playground and athletic surface materials overlap with the CPG-designated product categories of Parks and Recreation Products: Playground Surfaces and Running Tracks and which product should be afforded the preference in purchasing.

21. Powder Coatings (Minimum Biobased Content 34 Percent)

Powder coatings are polymer resin systems that are combined with stabilizers, curatives, pigments, and other additives and ground into a powder. These coatings are applied electrostatically to metallic surfaces and then cured under heat. Powder coatings are typically used for coating metals, such as vehicle and bicycle parts, household appliances, and aluminum extrusions.

USDA identified one manufacturer and vendor of one biobased powder coating. This manufacturer and vendor is not the only manufacturer and vendor of biobased powder coatings; rather, it is the only manufacturer and vendor that was identified through the USDA Certified Biobased Products listing in the BioPreferred Program's database. This biobased powder coating has a biobased content of 37 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude this product. Thus, the proposed minimum biobased content for this product category is 34 percent, based on the product's tested biobased content of 37 percent.

Information supplied by this manufacturer and vendor indicates that this product is being used commercially. While this manufacturer and vendor did not identify additional test methods, performance standards, product certifications, and other measures of performance for this product, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of powder coatings purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Powder coatings may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—paint and coating components; and intermediates—plastic resins.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on powder coatings and may be found on the BioPreferred Program's website.

22. Product Packaging (Minimum Biobased Content 25 Percent)

Product packaging items are used to protect, handle, and retain a product during activities related but not limited to its storage, distribution, sale, and use. These containers are typically designed to be used once. This category excludes packing and insulating materials and shopping and trash bags.

USDA identified 21 manufacturers and vendors of 64 biobased product packagings. These manufacturers and vendors do not include all manufacturers and vendors of biobased product packaging, merely those identified through the USDA Certified Biobased Products listing in the BioPreferred Program's database. These biobased product packaging range in biobased content from 28 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 25 percent, based on the product with a tested biobased content of 28 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, three of these manufacturers and vendors identified additional test methods or performance standards (as shown below) that were used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance applicable to products within this product category, those identified by these manufacturers and vendors include the following:

• ASTM D6400 Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities,

• HACCP: Hazard and Critical Control Points,

• ISO 9001 Quality Management Systems—Requirements, and

• ISO 14001 Environmental Management Systems—Requirements with Guidance for Use.

USDA has been unable to obtain data on the amount of product packaging purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Product packaging may be manufactured using the following designated intermediate ingredient and feedstock categories: intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; intermediates—paint and coating components; intermediates—plastic resins; and intermediates—rubber materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on product packaging

and may be found on the BioPreferred Program's website.

Biobased product packaging may overlap with the products categorized in the EPA's CPG product category of Paper Products: Paperboard and Packaging. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and performance standards through which the product has undergone testing. This information

will assist Federal agencies in determining whether qualifying biobased product packaging overlaps with the CPG-designated product category of Paper Products: Paperboard and Packaging and which product should be afforded the preference in purchasing.

23. Rugs and Floor Mats (Minimum Biobased Content 23 Percent)

Rugs and floor mats are floor coverings that are used for decorative or ergonomic purposes and that are not attached to the floor. This category includes items such as area rugs, rug runners, chair mats, and bathroom and kitchen mats. This category excludes wall-to-wall carpet.

USDA identified three manufacturers and vendors of eight biobased rugs and floor mats. These manufacturers and vendors are not the only manufacturers and vendors of biobased rugs and floor mats; rather, they are the manufacturers and vendors that were identified through the USDA Certified Biobased Products listing in the BioPreferred Program's database. These biobased rugs and floor mats each have biobased contents of 26 or 30 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 23 percent, based on the products' tested biobased contents of 26 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of rugs and floor mats purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Rugs and floor mats may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—fibers and fabrics; intermediates—foams; intermediates—oils, fats, and waxes; intermediates—plastic resins; intermediates—rubber materials; and intermediates—textile processing materials.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on rugs and floor mats and may be found on the BioPreferred Program's website.

Biobased rugs and floor mats may overlap with the products categorized in the EPA's CPG product category of Miscellaneous Products: Mats. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and other test methods or performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased rugs and floor mats overlap with the CPG-designated product category of Miscellaneous Products: Mats and which product should be afforded the preference in purchasing.

24. Shopping and Trash Bags (Minimum Biobased Content 22 Percent)

Shopping and trash bags are open-ended bags that are typically made of thin, flexible film and are used for containing and transporting items such as consumer goods and waste. Examples include trash bags, can liners, shopping or grocery bags, pet waste bags, compost bags, and yard waste bags. This category does not include product packaging, disposable containers, or semi-durable and non-durable films.

USDA identified six manufacturers and vendors of nine shopping and trash bags. These manufacturers and vendors do not include all manufacturers and vendors of biobased shopping and trash bags, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased shopping and trash bags have biobased contents of 25, 26, 26, 38, 47, 48, 75, 88 and 99 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any products. Thus, the proposed minimum biobased content for this product category is 22 percent, based on the product with a tested biobased content of 25 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of shopping and trash bags purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Shopping and trash bags may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; intermediates—oils, fats, and waxes; intermediates—paint and coating components; and intermediates—plastic resins.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on shopping and trash bags and may be found on the BioPreferred Program's website.

Biobased shopping and trash bags may overlap with the products categorized in the EPA's CPG product category of Non-Paper Office Products: Plastic Trash Bags. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material in addition to biobased ingredients, and performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased shopping and trash bags overlap with the CPG-designated product category of Non-Paper Office Products: Plastic Trash Bags and which product should be afforded the preference in purchasing.

25. Soil Amendments (Minimum Biobased Content 72 Percent)

Soil amendments are materials that enhance the physical characteristics of soil through improving water retention or drainage, improving nutrient cycling, promoting microbial growth, or changing the soil's pH. This category excludes foliar sprays and chemical fertilizers.

USDA identified 15 manufacturers and vendors of 17 biobased soil amendments. These manufacturers and vendors do not include all manufacturers and vendors of biobased soil amendments, merely those identified through the USDA Certified Biobased Products listingin the BioPreferred Program's database. These biobased soil amendments range in biobased content from 75 percent to 100 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any of these products. Thus, the proposed minimum biobased content for this product category is 72 percent, based on the product with a tested biobased content of 75 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. In addition, two of these manufacturers and vendors identified additional test methods or product certifications (as shown below) that were used in evaluating the products within this product category. While there may be additional test methods, performance standards, product certifications, and other measures of performance that are applicable to products within this product category, the product certification identified by these manufacturers and vendors includes the following:

• ASTM D6868 Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities and

• US Composting Council Seal of Testing Assurance.

USDA has been unable to obtain data on the amount of soil amendments purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks. Soil amendments may be manufactured using the following designated intermediate ingredient and feedstock categories: Intermediates—binders; intermediates—chemicals; and intermediates—fibers and fabrics.

Specific product information, including company contact, intended use, biobased content, and performance characteristics, have been collected on soil amendments and may be found on the BioPreferred Program's website.

Biobased soil amendments may overlap with the products categorized in the EPA's CPG product categories of Landscaping Products: Compost Made From Recovered Organic Materials and Landscaping Products: Fertilizer Made From Recovered Organic Materials. USDA is requesting that manufacturers and vendors of these qualifying biobased products provide information on the USDA website regarding the intended uses of the product, whether the product contains any recovered material, in addition to biobased ingredients, and other test methods or performance standards through which the product has undergone testing. This information will assist Federal agencies in determining whether qualifying biobased soil amendments overlap with the CPG-designated product categories of Landscaping Products: Compost Made From Recovered Organic Materials and Landscaping Products: Fertilizer Made From Recovered Organic Materials and which product should be afforded the preference in purchasing.

26. Surface Guards, Molding, and Trim (Minimum Biobased Content 26 Percent)

Surface guards, molding, and trim products are typically used during construction or manufacturing. These products are designed to protect surfaces, such as walls and floors, from damage or to cover the exposed edges of furniture or floors.

USDA identified two manufacturers and vendors of two surface guards, molding, and trim products. These manufacturers and vendors do not include all manufacturers and vendors of biobased surface guards, molding, and trim products, merely those identified as USDA Certified Biobased Products in the BioPreferred Program's database. These biobased surface guards, molding, and trim products have biobased contents of 29 percent and 35 percent, as measured by ASTM D6866. In establishing the minimum biobased content requirement for this product category, USDA did not find a reason to exclude any products. Thus, the proposed minimum biobased content for this product category is 26 percent, based on the products with tested biobased contents of 29 percent.

Information supplied by these manufacturers and vendors indicates that these products are being used commercially. While these manufacturers and vendors did not identify additional test methods, performance standards, product certifications, and other measures of performance for these products, USDA is open to evaluating products that have undergone additional testing or have achieved other types of product certifications for inclusion in this finished product category.

USDA has been unable to obtain data on the amount of surface guards, molding, and trim purchased by Federal procuring agencies. However, USDA believes that some Federal agencies and their contractors do and would likely purchase these types of products. Additionally, as discussed earlier in Section II, designating this finished product category would contribute towards fulfilling the 2008 Farm Bill requirements to designate products composed of designated intermediate ingredients and feedstocks.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2018-19681. Public record. Not legal advice.