General Services Administration Acquisition Regulation (GSAR); Removal of Unnecessary Construction Clauses and Editorial Changes, 4593-4594 [2016-01422]

Download as PDF Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001, Tel.: (202) 523–5725, Email: secretary@fmc.gov. SUPPLEMENTARY INFORMATION: On December 9, 2015, a Final Rule took effect significantly amending the Federal Maritime Commission’s regulations governing Ocean Transportation Intermediaries (OTIs). The Final Rule was published in the Federal Register on November 5, 2015, 80 FR 68721. A section of the regulations in place prior to the Final Rule, 46 CFR 515.17, (‘‘Application after revocation or denial’’), was inadvertently deleted when the Final Rule was published. This correction reinserts the section content at 46 CFR 515.18, and moves another section’s content to section 515.17 so that the regulations are in the proper order. This correction also fixes three minor typographical errors that were created in the course of production of the Code of Federal Regulations in 46 CFR 515.42 and Appendix D to part 515. applicant or by another applicant employing the same qualifying individual or controlled by persons whose conduct the Commission based its determination for revocation or denial, shall be reviewed directly by the Commission. Subpart E—Freight Forwarding Fees and Compensation 4. In § 515.42: a. Revise the section heading. b. In paragraph (c), in the last sentence, remove the numeral ‘‘2’’ and add in its place ‘‘l’’. The revision reads as follows: ■ ■ ■ § 515.42 Forwarder and carrier compensation; fees. * * * * Appendix D to Part 515 [Amended] 5. In Appendix D remove ‘‘the l, day of l’’ and add in its place ‘‘the l, day ofl,l’’ every place it occurs. ■ Karen V. Gregory, Secretary. [FR Doc. 2016–01578 Filed 1–26–16; 8:45 am] Freight, Freight forwarders, Maritime carriers, Reporting and recordkeeping requirements. For the reasons stated in the SUPPLEMENTARY INFORMATION, the Federal Maritime Commission corrects 46 CFR part 515 as follows: BILLING CODE 6731–AA–P 1. The authority citation for part 515 continues to read as follows: ■ Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 305, 40102, 40104, 40501–40503, 40901–40904, 41101–41109, 41301–41302, 41305–41307; Pub. L. 105–383, 112 Stat. 3411; 21 U.S.C. 862. Subpart B—Eligibility and Procedure for Licensing and Registration § 515.18 [Redesignated as § 515.17] 2. Redesignate § 515.18 as § 515.17. 3. Add new § 515.18 to read as follows: ■ ■ asabaliauskas on DSK5VPTVN1PROD with RULES § 515.18 denial. Application after revocation or Whenever a license has been revoked or an application has been denied because the Commission has found the licensee or applicant to be not qualified to render ocean transportation intermediary services, any further application within 3 years of the Commission’s notice of revocation or denial, made by such former licensee or VerDate Sep<11>2014 16:58 Jan 26, 2016 Jkt 238001 GENERAL SERVICES ADMINISTRATION 48 CFR Parts 536 and 552 [Change 68; GSAR Case 2015–G508; Docket No. 2005–0013; Sequence No. 1] RIN 3090–AI81 General Services Administration Acquisition Regulation (GSAR); Removal of Unnecessary Construction Clauses and Editorial Changes Office of Acquisition Policy, General Services Administration (GSA) ACTION: Final rule. AGENCY: This final rule amends the General Services Administration Acquisition Regulation (GSAR) coverage on Construction and Architect-Engineer Contracts, including provisions and clauses for solicitations and resultant contracts, to remove unnecessary regulations. DATES: Effective: January 27, 2016. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Christina Mullins, General Services Acquisition Policy Division, GSA, by phone at 202–969–4066 or by email at Christina.Mullins@gsa.gov. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite GSAR case 2015–G508. SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: I. Background The General Services Administration (GSA) published a proposed rule in the Federal Register at 80 FR 45498 on July 30, 2015 to revise sections of GSAR Part 536, Construction and ArchitectEngineer Contracts, and Part 552, Solicitation Provisions and Contract Clauses, to remove unnecessary construction clauses. No comments were received on the proposed rule. II. Discussion of Analysis No changes were made to the rule as there were no comments received. III. Executive Orders 12866 and 13563 * List of Subjects in 46 CFR Part 515 PART 515—LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES 4593 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act GSA does not expect this final rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, at 5 U.S.C. 601, et.seq., because the rule only deletes unnecessary sections and clauses and does not contain substantive changes. However, a Final Regulatory Flexibility Analysis (FRFA) has been prepared. There were no comments submitted in response to the initial regulatory flexibility analysis provided in the proposed rule. The final rule changes will not have a significant economic impact on a substantial number of small entities. The rule changes do not place any new requirements on small entities. The section, provision and clause associated with project labor agreement is no longer a requirement based on Executive Order 13202 and because Executive Order 13502 was incorporated into FAR Subpart 22.5. The provisions and associated clauses for specialist, working hours, use of premises, measurements, samples, heat, and government use of equipment are considered technical requirements that are contained in the scope of work or specifications. E:\FR\FM\27JAR1.SGM 27JAR1 4594 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat. The Regulatory Secretariat has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. V. Paperwork Reduction Act 536.570–14 ■ [Removed] 7. Remove section 536.570–14. PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 8. The authority citation for 48 CFR part 552 continues to read as follows: ■ This final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). 552.236–72 List of Subjects in 48 CFR Parts 536 and 552 552.236–74 through 552.236–76 and Reserved] Government procurement. Authority: 40 U.S.C. 121(c). [Removed and Reserved] 9. Remove and reserve section 552.236–72. ■ 10. Remove and reserve sections 552.236–74 through 552.236–76. ■ Dated: January 15, 2016. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy. 552.236–79 and 552.236–80 Reserved] [Removed and 11. Removed and reserve sections 552.236–79 and 552.236–80. ■ Therefore, GSA amends 48 CFR parts 536 and 552 as set forth below: 552.236–83 [Removed] 12. Remove section 552.236–83. PART 536—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS ■ 1. The authority citation for 48 CFR part 536 continues to read as follows: BILLING CODE 6820–61–P ■ Authority: 40 U.S.C. 121(c). 536.101 National Oceanic and Atmospheric Administration Applicability. This part supplements FAR Part 36 policies and procedures applicable to contracting for construction and architect-engineer services. Contracts for construction management services are covered by FAR Part 37 and GSAM Part 537. Part 536 shall take precedence when the acquisition involves (1) construction or architect-engineer services, and (2) when the requirement is inconsistent with another part of the GSAR. 536.271 ■ [FR Doc. 2016–01422 Filed 1–26–16; 8:45 am] DEPARTMENT OF COMMERCE 2. Revise section 536.101 to read as follows: ■ [Removed] 3. Remove section 536.271. 536.570–3 [Removed and Reserved] 4. Remove and reserve section 536.570–3. 536.570–5 through 536.570–7 and Reserved] [Removed 5. Remove and reserve sections 536.570–5 through 536.570–7. ■ 536.570–10 and 536.570–11 Reserved] [Removed and 6. Remove and reserve sections 536.570–10 and 536.570–11. ■ VerDate Sep<11>2014 16:58 Jan 26, 2016 Jkt 238001 50 CFR Part 679 [Docket No. 140918791–4999–02] RIN 0648–XE410 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2016 total allowable catch of pollock for Statistical Area 630 in the GOA. DATES: Effective 1,200 hrs., Alaska local time (A.l.t.), January 27, 2016, through 1,200 hrs., A.l.t., March 10, 2016. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the SUMMARY: ■ asabaliauskas on DSK5VPTVN1PROD with RULES [Removed PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allowance of the 2016 total allowable catch (TAC) of pollock in Statistical Area 630 of the GOA is 12,456 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish of the GOA (80 FR 10250, February 25, 2015) and inseason adjustment (81 FR 188, January 5, 2016). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2016 TAC of pollock in Statistical Area 630 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 11,856 mt and is setting aside the remaining 600 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for pollock in Statistical Area 630 of the GOA. NMFS was unable to publish a document providing time for public comment because the most recent, relevant data only became available as of January 20, 2016. E:\FR\FM\27JAR1.SGM 27JAR1

Agencies

General Services Administration

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4593-4594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01422]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 536 and 552

[Change 68; GSAR Case 2015-G508; Docket No. 2005-0013; Sequence No. 1]
RIN 3090-AI81


General Services Administration Acquisition Regulation (GSAR); 
Removal of Unnecessary Construction Clauses and Editorial Changes

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA)

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the General Services Administration 
Acquisition Regulation (GSAR) coverage on Construction and Architect-
Engineer Contracts, including provisions and clauses for solicitations 
and resultant contracts, to remove unnecessary regulations.

DATES: Effective: January 27, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Christina Mullins, General Services Acquisition Policy Division, 
GSA, by phone at 202-969-4066 or by email at Christina.Mullins@gsa.gov. 
For information pertaining to status or publication schedules, contact 
the Regulatory Secretariat at 202-501-4755. Please cite GSAR case 2015-
G508.

SUPPLEMENTARY INFORMATION: 

I. Background

    The General Services Administration (GSA) published a proposed rule 
in the Federal Register at 80 FR 45498 on July 30, 2015 to revise 
sections of GSAR Part 536, Construction and Architect-Engineer 
Contracts, and Part 552, Solicitation Provisions and Contract Clauses, 
to remove unnecessary construction clauses. No comments were received 
on the proposed rule.

II. Discussion of Analysis

    No changes were made to the rule as there were no comments 
received.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    GSA does not expect this final rule to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, at 5 U.S.C. 601, et.seq., because the 
rule only deletes unnecessary sections and clauses and does not contain 
substantive changes. However, a Final Regulatory Flexibility Analysis 
(FRFA) has been prepared.

    There were no comments submitted in response to the initial 
regulatory flexibility analysis provided in the proposed rule. The 
final rule changes will not have a significant economic impact on a 
substantial number of small entities. The rule changes do not place 
any new requirements on small entities. The section, provision and 
clause associated with project labor agreement is no longer a 
requirement based on Executive Order 13202 and because Executive 
Order 13502 was incorporated into FAR Subpart 22.5. The provisions 
and associated clauses for specialist, working hours, use of 
premises, measurements, samples, heat, and government use of 
equipment are considered technical requirements that are contained 
in the scope of work or specifications.


[[Page 4594]]


    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 536 and 552

    Government procurement.

    Dated: January 15, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.

    Therefore, GSA amends 48 CFR parts 536 and 552 as set forth below:

PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
1. The authority citation for 48 CFR part 536 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c).


0
2. Revise section 536.101 to read as follows:


536.101  Applicability.

    This part supplements FAR Part 36 policies and procedures 
applicable to contracting for construction and architect-engineer 
services. Contracts for construction management services are covered by 
FAR Part 37 and GSAM Part 537. Part 536 shall take precedence when the 
acquisition involves (1) construction or architect-engineer services, 
and (2) when the requirement is inconsistent with another part of the 
GSAR.


536.271  [Removed]

0
3. Remove section 536.271.


536.570-3  [Removed and Reserved]

0
4. Remove and reserve section 536.570-3.


536.570-5 through 536.570-7  [Removed and Reserved]

0
5. Remove and reserve sections 536.570-5 through 536.570-7.


536.570-10 and 536.570-11  [Removed and Reserved]

0
6. Remove and reserve sections 536.570-10 and 536.570-11.


536.570-14  [Removed]

0
7. Remove section 536.570-14.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
8. The authority citation for 48 CFR part 552 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c).


552.236-72  [Removed and Reserved]

0
9. Remove and reserve section 552.236-72.


552.236-74 through 552.236-76  [Removed and Reserved]

0
10. Remove and reserve sections 552.236-74 through 552.236-76.


552.236-79 and 552.236-80  [Removed and Reserved]

0
11. Removed and reserve sections 552.236-79 and 552.236-80.


552.236-83  [Removed]

0
12. Remove section 552.236-83.


[FR Doc. 2016-01422 Filed 1-26-16; 8:45 am]
 BILLING CODE 6820-61-P

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