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