Federal Acquisition Regulation; FAR Case 2009-015, Revocation of Executive Order 13202, 34206-34207 [E9-16615]

Download as PDF 34206 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of final rule. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2009–0001, Sequence 6] Federal Acquisition Regulation; Federal Acquisition Circular 2005–35; Introduction AGENCY: Department of Defense (DoD), General Services Administration (GSA), SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005–35. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://acquisition.gov/ far. DATES: July 14, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005–35 and the FAR case number. Interested parties may also visit our Web site at http:// acquisition.gov/far. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. RULE LISTED IN FAC 2005–35 Subject FAR case Revocation of Executive Order 13202 ....................................................................................................................... A summary for the FAR rule follows. For the actual revisions and/or amendments to this FAR case, refer to FAR case 2009–015. FAC 2005–35 amends the FAR as specified below: SUPPLEMENTARY INFORMATION: Revocation of Executive Order 13202 (FAR Case 2009–015) In accordance with Executive Order 13502—Use of Project Labor Agreements for Federal Construction Projects, this final rule amends FAR 36.202(d) to delete references to the revoked Executive Order 13202. The E.O. prohibited executive departments and agencies from requiring or prohibiting Federal Government contractors and subcontractors’ entrance into project labor agreements. This rule requires no action on the part of contracting officers. sroberts on DSKD5P82C1PROD with RULES Federal Acquisition Circular (FAC) 2005–35 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005–35 is effective July 14, 2009. Jkt 217001 BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION 48 CFR Parts 17, 22, 36 Federal Acquisition Circular 20:57 Jul 13, 2009 Dated: July 9, 2009. David A. Drabkin, Acting Chief Acquisition Officer, Office of the Chief Acquisition Officer, U.S. General Services Administration. Dated: July 8, 2009. James A. Balinskas, Acting Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. E9–16617 Filed 7–10–09; 11:15 am] NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Dated: July 9, 2009. Al Matera, Director, Office of Acquisition Policy VerDate Nov<24>2008 Dated: July 8, 2009. Linda W. Neilson, Deputy Director, Defense Procurement and Acquisition Policy (Defense Acquisition Regulations System). [FAC 2005–35; FAR Case 2009–015; Docket 2009–0025; Sequence 1] RIN 9000-AL35 Federal Acquisition Regulation; FAR Case 2009–015, Revocation of Executive Order 13202 AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 2009–015 Analyst Woodson SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to delete the implementation of Executive Order (E.O.) 13202 of February 17, 2001, as amended. The E.O. prohibited executive departments and agencies from requiring or prohibiting Federal Government contractors and subcontractors’ entrance into project labor agreements. DATES: Effective Date: July 14, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–35, FAR case 2009–015. SUPPLEMENTARY INFORMATION: A. Background On February 6, 2009, the President issued E.O. 13502 which encourages executive agencies to consider requiring the use of project labor agreements in connection with large scale construction projects in order to promote economy and efficiency in Federal procurement. The term ‘‘project labor agreement’’ means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f). The President revoked E.O. 13202 issued on February 17, 2001 (66 FR 11225, published February 22, 2001) E:\FR\FM\14JYR3.SGM 14JYR3 34207 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations and E.O. 13208 (66 FR 18717, published April 11, 2001). E.O. 13202 prohibited the Government from requiring or prohibiting the use of project labor agreements by its construction contractors and subcontractors, and E.O. 13208 authorized certain exemptions from E.O. 13202. This final rule amends the Federal Acquisition Regulation to revise FAR 36.202(d) to delete any references to the revoked Executive Order 13202. This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Public Law 98–577, and publication for public comments is not required. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. Chapter 35, et seq. 1. The authority citation for 48 CFR parts 17, 22, and 36 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 17–SPECIAL CONTRACTING METHODS 17.603 [Amended] GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2009–0002, Sequence 6] 2. Amend section 17.603 by removing paragraph (c). ■ PART 22–APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.101–1 DEPARTMENT OF DEFENSE [Amended] 3. Amend section 22.101–1 by redesignating paragraph (b)(1) as paragraph (b) and removing paragraph (b)(2). ■ PART 36–CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 36.202 [Amended] 4. Amend section 36.202 by removing paragraph (d). ■ [FR Doc. E9–16615 Filed 7–10–09; 11:15 am] BILLING CODE 6820–EP–P List of Subjects in 48 CFR Parts 17, 22, and 36 Government procurement. Dated: July 9, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 17, 22, and 36 as set forth below: ■ Federal Acquisition Regulation; Federal Acquisition Circular 2005–35; Small Entity Compliance Guide AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005–35 which amends the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005–35 which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Hada Flowers, FAR Secretariat, (202) 208–7282. For clarification of content, contact the analyst whose name appears in the table below. RULE LISTED IN FAC 2005–35 Subject FAR case Revocation of Executive Order 13202 ....................................................................................................................... A summary for the FAR rule follows. For the actual revisions and/or amendments to this FAR case, refer to FAR case 2009–015. FAC 2005–35 amends the FAR as specified below: sroberts on DSKD5P82C1PROD with RULES 20:57 Jul 13, 2009 Jkt 217001 Woodson Revocation of Executive Order 13202 (FAR Case 2009–015) In accordance with Executive Order 13502—Use of Project Labor Agreements for Federal Construction Projects, this final rule amends FAR 36.202(d) to delete references to the revoked Executive Order 13202. The E.O. prohibited executive departments and agencies from requiring or prohibiting Federal Government contractors and subcontractors’ entrance into project labor agreements. This rule requires no action on the part of contracting officers. Dated: July 9, 2009. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E9–16618 Filed 7–10–09; 11:15 am] SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 2009–015 Analyst PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 BILLING CODE 6820–EP–P E:\FR\FM\14JYR3.SGM 14JYR3

Agencies

[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Rules and Regulations]
[Pages 34206-34207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16615]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 17, 22, 36

[FAC 2005-35; FAR Case 2009-015; Docket 2009-0025; Sequence 1]
RIN 9000-AL35


Federal Acquisition Regulation; FAR Case 2009-015, Revocation of 
Executive Order 13202

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to delete the 
implementation of Executive Order (E.O.) 13202 of February 17, 2001, as 
amended. The E.O. prohibited executive departments and agencies from 
requiring or prohibiting Federal Government contractors and 
subcontractors' entrance into project labor agreements.

DATES: Effective Date: July 14, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-35, FAR 
case 2009-015.

SUPPLEMENTARY INFORMATION:

A. Background

    On February 6, 2009, the President issued E.O. 13502 which 
encourages executive agencies to consider requiring the use of project 
labor agreements in connection with large scale construction projects 
in order to promote economy and efficiency in Federal procurement. The 
term ``project labor agreement'' means a pre-hire collective bargaining 
agreement with one or more labor organizations that establishes the 
terms and conditions of employment for a specific construction project 
and is an agreement described in 29 U.S.C. 158(f).
    The President revoked E.O. 13202 issued on February 17, 2001 (66 FR 
11225, published February 22, 2001)

[[Page 34207]]

and E.O. 13208 (66 FR 18717, published April 11, 2001). E.O. 13202 
prohibited the Government from requiring or prohibiting the use of 
project labor agreements by its construction contractors and 
subcontractors, and E.O. 13208 authorized certain exemptions from E.O. 
13202.
    This final rule amends the Federal Acquisition Regulation to revise 
FAR 36.202(d) to delete any references to the revoked Executive Order 
13202.
    This is a significant regulatory action and, therefore, was subject 
to review under Section 6(b) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
Chapter 35, et seq.

List of Subjects in 48 CFR Parts 17, 22, and 36

    Government procurement.

    Dated: July 9, 2009.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 17, 22, and 36 as set 
forth below:
0
1. The authority citation for 48 CFR parts 17, 22, and 36 continues to 
read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 17-SPECIAL CONTRACTING METHODS


17.603  [Amended]

0
2. Amend section 17.603 by removing paragraph (c).

PART 22-APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.101-1  [Amended]

0
3. Amend section 22.101-1 by redesignating paragraph (b)(1) as 
paragraph (b) and removing paragraph (b)(2).

PART 36-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 36.202 
[Amended]

0
4. Amend section 36.202 by removing paragraph (d).

[FR Doc. E9-16615 Filed 7-10-09; 11:15 am]
BILLING CODE 6820-EP-P