Federal Acquisition Regulation: Recreational Services on Federal Lands, 56157-56159 [2019-22781]
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Proposed Rules
www.epa.gov/ozonepollution/SIPToolkit/
ctgs.html)
B. Does the rule meet the evaluation
criteria?
This rule is consistent with CAA
requirements and relevant guidance
regarding enforceability, RACT, and SIP
revisions. The TSD has more
information on our evaluation.
C. EPA’s Recommendations to Further
Improve the Rule
The TSD also includes
recommendations for the next time the
SDAPCD modifies the rule.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements. We
will accept comments from the public
on this proposal until November 20,
2019. If we take final action to approve
the submitted rule, our final action will
incorporate this rule into the federallyenforceable SIP.
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III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the SDAPCD rule described in Table 1
of this preamble. The EPA has made,
and will continue to make, these
materials available through https://
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
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• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 4, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019–22912 Filed 10–18–19; 8:45 am]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAR Case 2019–002; Docket No. FAR–
2019–0004, Sequence No. 1]
RIN 9000–AN85
Federal Acquisition Regulation:
Recreational Services on Federal
Lands
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to
implement a Department of Labor (DOL)
rule, which exempts certain contracts
for seasonal recreational services or
seasonal recreational equipment rental
for the general public on Federal lands
from an Executive Order minimum
wage.
SUMMARY:
Interested parties should submit
written comments to the Regulatory
Secretariat Division at one of the
addresses shown below on or before
December 20, 2019 to be considered in
the formation of the final rule.
ADDRESSES: Submit comments in
response to FAR Case 2019–002 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2019–002’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘FAR Case 2019–
002’’. Follow the instructions provided
on the screen. Please include your
name, company name (if any), and
‘‘FAR Case 2019–002’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Lois Mandell,
1800 F Street NW, 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite ‘‘FAR Case 2019–002’’ in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
DATES:
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Proposed Rules
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr.
Kevin Funk, Procurement Analyst, at
202–357–5805 or kevin.funk@gsa.gov
for clarification of content. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite ‘‘FAR Case 2019–
002.’’
SUPPLEMENTARY INFORMATION:
I. Background
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DoD, GSA, and NASA are proposing
to amend the FAR to implement a DOL
rule published in the Federal Register at
83 FR 48537 on September 26, 2018.
The DOL rule implemented Executive
Order (E.O.) 13838, Exemption From
Executive Order 13658 for Recreational
Services on Federal Lands (May 25,
2018, published June 1, 2018, 83 FR
25341), which exempted certain
contracts and contract-like instruments
from the requirements of E.O. 13658,
Establishing a Minimum Wage for
Contractors. E.O. 13658 raised the
hourly minimum wage paid to workers
performing on or in connection with
covered Federal contracts to: (i) $10.10
per hour, beginning January 1, 2015;
and (ii) beginning January 1, 2016, and
annually thereafter, an amount
determined by the Secretary of Labor in
accordance with the E.O. As of January
1, 2019, E.O. 13658 raised minimum
wage to $10.60 per hour (83 FR 44906).
E.O. 13838 exempts contracts or
contract-like instruments entered into
with the Federal Government in
connection with seasonal recreational
services or seasonal recreational
equipment rental for the general public
on Federal lands from the requirements
of E.O. 13658; lodging and food services
are not exempted.
The purpose of this rule is to make a
conforming change in the FAR. This
proposed rule implements E.O. 13838
by amending FAR 22.1903(b)(2) and
FAR clause 52.222–55(c)(2) to conform
to the DOL rule by adding seasonal
recreational services or seasonal
recreational equipment rental for the
general public on Federal lands to the
list of exemptions.
II. Discussion and Analysis
This rule proposes to amend the FAR
to be consistent with the DOL final rule
as follows:
• Adds a definition of ‘‘seasonal
recreational services’’ at FAR 22.1901
and 52.222–55, Minimum Wages Under
Executive Order 13658.
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• Adds seasonal recreational services
or seasonal equipment rental for the
general public on Federal lands to the
list of exceptions from the policies and
procedures to implement E.O. 13658
and DOL’s implementing regulations at
FAR 22.1903 and 52.222–55. Lodging
and food services are not exempted.
• Makes conforming changes at
52.212–5, 52.213–4, and 52.244–6.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This proposed rule does not add any
new provisions or clauses. The rule
does not change the applicability of
existing provisions or clauses to
contracts at or below the SAT and
contracts for the acquisition of
commercial items, including COTS
items. The FAR clause at 52.222–55,
Minimum Wages Under Executive
Order 13658, is prescribed for use in
contracts valued at or below the SAT
and for the acquisition of commercial
items. Under this rule, acquisitions
below the SAT or for commercial items
involving seasonal recreational services
or seasonal recreational equipment
rental for the general public on Federal
lands would be exempt from FAR clause
52.222–55. Lodging and food services
are not exempted.
IV. Executive Orders 12866 and 13563
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 rule 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.
V. Executive Order 13371
This rule is not subject to E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs, because the rule is not
a significant regulatory action under
E.O. 12866.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this rule to have a significant economic
impact on a substantial number of small
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entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq. However, an Initial Regulatory
Flexibility Analysis (IRFA) has been
performed and is summarized as
follows:
This action is necessary to implement a
DOL rule dated September 26, 2018, which
implemented E.O. 13838, Exemption from
Executive Order 13658 for Recreational
Services on Federal Lands (May 25, 2018,
published June 1, 2018, 83 FR 25341). E.O.
13658 made contracts or contract-like
instruments entered into with the Federal
Government in connection with seasonal
recreational services or seasonal recreational
equipment rental for the general public on
Federal lands exempt from the minimum
wage requirements under E.O. 13658, dated
February 12, 2014; lodging and food services
are not exempted.
The objective of this rule is to make a
conforming change in the FAR to conform to
the DOL rule to implement E.O. 13838, dated
September 26, 2018. This rule simply
provides a conforming amendment to FAR
22.1903(b)(2)(iii) and FAR clause 52.222–
55(c)(2)(ii) to conform to the DOL rule by
adding seasonal recreational services or
seasonal recreational equipment rental for
the general public on Federal lands to the list
of exemptions. Lodging and food services are
not exempted. This action is limited to
implementing E.O. 13838 by inserting into
the FAR the language that E.O. 13838
inserted into E.O. 13658. The legal basis for
these changes is E.O. 13838.
This rule is not expected to have a
significant economic impact on a substantial
number of small entities within the meaning
of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the rule only applies to
contracts for seasonal recreational services or
seasonal recreational equipment rental.
Lodging and food services are not exempted.
On average for fiscal years 2016–2018, there
were 229 awards reported on an annual basis
in the Federal Procurement Data System
(FPDS) for seasonal recreational services and
seasonal recreational equipment rental, of
which 153 were awarded to small business
entities. The FPDS data could not isolate
which of the awards were for services or
rentals on Federal lands, so the average
number of awards for seasonal recreational
services or seasonal recreational equipment
rental to the general public on Federal lands
could be even lower. Furthermore, this rule
is expected to have a beneficial impact on
small businesses as it relaxes the burden on
small businesses.
There are no reporting, recordkeeping, or
other compliance requirements in this rule.
The rule does not duplicate, overlap, or
conflict with any other Federal rules. DoD,
GSA, and NASA were unable to identify any
alternatives to the rule that would reduce the
impact on small entities and still meet the
requirements of the DOL rule.
The Regulatory Secretariat Division
has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Proposed Rules
Regulatory Secretariat Division. DoD,
GSA, and NASA invite comments from
small business concerns and other
interested parties on the expected
impact of this rule on small entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C 610
(FAR Case 2019–002), in
correspondence.
(b) * * *
(2) * * *
(iii) Seasonal recreational services or
seasonal recreational equipment rental
for the general public on Federal lands,
except for lodging and food services
associated with seasonal recreational
services, in accordance with Executive
Order 13838, Exemption from Executive
Order 13658 for Recreational Services
on Federal Lands (83 FR 25341, June 1,
2018), as implemented by the U.S.
Department of Labor regulations at 29
CFR 10.4(g).
VII. Paperwork Reduction Act
The 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).
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
List of Subjects in 48 CFR Parts 22 and
52
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA are
proposing to amend 48 CFR parts 22,
and 52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 22, and 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
2. Amend section 22.1901 by revising
the heading and adding in alphabetical
order the definition ‘‘Seasonal
recreational services’’ to read as follows:
■
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22.1901
Definitions.
Seasonal recreational services, as
used in this subpart, means services that
include river running, hunting, fishing,
horseback riding, camping,
mountaineering activities, recreational
ski services, and youth camps.
*
*
*
*
*
■ 3. Amend section 22.1903 by—
■ a. In paragraph (b)(2)(ii)(C), removing
the period and adding ‘‘; or’’ in its place;
and
■ b. Adding paragraph (b)(2)(iii).
The addition reads as follows:
22.1903
*
*
Applicability.
*
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*
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
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*
*
*
*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
([DATE])
*
*
*
*
*
Alternate II ([DATE]). * * *
*
*
*
*
*
5. Amend section 52.213–4 by—
a. Revising the date of the clause;
b. Removing from paragraph
(a)(2)(viii) ‘‘(AUG 2019)’’ and adding
‘‘([DATE])’’ in its place; and
■ c. Removing from paragraph (b)(1)(ix)
‘‘(DEC 2015)’’ and adding ‘‘([DATE])’’ in
its place;
The revision reads as follows:
■
■
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) ([DATE])
*
■
■
*
16:24 Oct 18, 2019
4. Amend section 52.212–5 by—
a. Revising the date of the clause;
b. Removing from paragraph (c)(8)
‘‘(DEC 2015)’’ and adding ‘‘([DATE])’’ in
its place;
■ c. Removing from paragraph
(e)(1)(xviii) ‘‘(DEC 2015)’’ and adding
‘‘([DATE])’’ in its place;
■ d. Revising the date of Alternate II;
and
■ e. Removing from paragraph
(e)(1)(ii)(P) of Alternate II ‘‘(DEC 2015)’’
and adding ‘‘([DATE])’’ in its place.
The revisions read as follows:
■
■
■
*
*
*
*
6. Amend section 52.222–55 by—
a. Revising the date of the clause;
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56159
b. Adding to paragraph (a), in
alphabetical order, the definition
‘‘Seasonal recreational services’’;
■ c. In paragraph (c)(2)(ii)(A), removing
the period at the end of the sentence
and adding ‘‘;’’ in its place;
■ d. In paragraph (c)(2)(ii)(B), removing
the period at the end of the sentence
and adding ‘‘; and’’ in its place;
■ e. In paragraph (c)(2)(ii)(C), removing
the period at the end of the sentence
and adding ‘‘; or’’ in its place; and
■ f. Adding paragraph (c)(2)(iii).
The revision and additions read as
follows:
■
52.222–55 Minimum Wages Under
Executive Order 13658.
*
*
*
*
*
Minimum Wages Under Executive
Order 13658 ([DATE])
*
*
*
*
*
(a) Definitions. * * *
‘‘Seasonal recreational services’’, as
used in this clause, means services that
include: river running, hunting, fishing,
horseback riding, camping,
mountaineering activities, recreational
ski services, and youth camps.
*
*
*
*
*
(c)(2) * * *
*
*
*
*
*
(iii) Seasonal recreational services or
seasonal recreational equipment rental
for the general public on Federal lands,
except for lodging and food services
associated with seasonal recreational
services, in accordance with Executive
Order 13838, Exemption from Executive
Order 13658 for Recreational Services
on Federal Lands (83 FR 25341, June 1,
2018), as implemented by the U.S.
Department of Labor regulations at 29
CFR 10.4(g).
*
*
*
*
*
■ 7. Amend section 52.244–6 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (c)(1)(xv)
‘‘(DEC 2015)’’ and adding ‘‘([DATE])’’ in
its place;
The revision reads as follows:
52.244–6
Items.
*
*
Subcontracts for Commercial
*
*
*
Subcontracts for Commercial Items
([DATE])
*
*
*
*
*
[FR Doc. 2019–22781 Filed 10–18–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Proposed Rules]
[Pages 56157-56159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22781]
=======================================================================
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAR Case 2019-002; Docket No. FAR-2019-0004, Sequence No. 1]
RIN 9000-AN85
Federal Acquisition Regulation: Recreational Services on Federal
Lands
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement a Department of Labor (DOL)
rule, which exempts certain contracts for seasonal recreational
services or seasonal recreational equipment rental for the general
public on Federal lands from an Executive Order minimum wage.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at one of the addresses shown below on
or before December 20, 2019 to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in response to FAR Case 2019-002 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2019-002''. Select the link ``Comment Now'' that corresponds with ``FAR
Case 2019-002''. Follow the instructions provided on the screen. Please
include your name, company name (if any), and ``FAR Case 2019-002'' on
your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd
Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite ``FAR Case 2019-
002'' in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
[[Page 56158]]
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Funk, Procurement Analyst,
at 202-357-5805 or [email protected] for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755. Please cite ``FAR Case
2019-002.''
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to amend the FAR to implement a
DOL rule published in the Federal Register at 83 FR 48537 on September
26, 2018. The DOL rule implemented Executive Order (E.O.) 13838,
Exemption From Executive Order 13658 for Recreational Services on
Federal Lands (May 25, 2018, published June 1, 2018, 83 FR 25341),
which exempted certain contracts and contract-like instruments from the
requirements of E.O. 13658, Establishing a Minimum Wage for
Contractors. E.O. 13658 raised the hourly minimum wage paid to workers
performing on or in connection with covered Federal contracts to: (i)
$10.10 per hour, beginning January 1, 2015; and (ii) beginning January
1, 2016, and annually thereafter, an amount determined by the Secretary
of Labor in accordance with the E.O. As of January 1, 2019, E.O. 13658
raised minimum wage to $10.60 per hour (83 FR 44906).
E.O. 13838 exempts contracts or contract-like instruments entered
into with the Federal Government in connection with seasonal
recreational services or seasonal recreational equipment rental for the
general public on Federal lands from the requirements of E.O. 13658;
lodging and food services are not exempted.
The purpose of this rule is to make a conforming change in the FAR.
This proposed rule implements E.O. 13838 by amending FAR 22.1903(b)(2)
and FAR clause 52.222-55(c)(2) to conform to the DOL rule by adding
seasonal recreational services or seasonal recreational equipment
rental for the general public on Federal lands to the list of
exemptions.
II. Discussion and Analysis
This rule proposes to amend the FAR to be consistent with the DOL
final rule as follows:
Adds a definition of ``seasonal recreational services'' at
FAR 22.1901 and 52.222-55, Minimum Wages Under Executive Order 13658.
Adds seasonal recreational services or seasonal equipment
rental for the general public on Federal lands to the list of
exceptions from the policies and procedures to implement E.O. 13658 and
DOL's implementing regulations at FAR 22.1903 and 52.222-55. Lodging
and food services are not exempted.
Makes conforming changes at 52.212-5, 52.213-4, and
52.244-6.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This proposed rule does not add any new provisions or clauses. The
rule does not change the applicability of existing provisions or
clauses to contracts at or below the SAT and contracts for the
acquisition of commercial items, including COTS items. The FAR clause
at 52.222-55, Minimum Wages Under Executive Order 13658, is prescribed
for use in contracts valued at or below the SAT and for the acquisition
of commercial items. Under this rule, acquisitions below the SAT or for
commercial items involving seasonal recreational services or seasonal
recreational equipment rental for the general public on Federal lands
would be exempt from FAR clause 52.222-55. Lodging and food services
are not exempted.
IV. Executive Orders 12866 and 13563
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 rule 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.
V. Executive Order 13371
This rule is not subject to E.O. 13771, Reducing Regulation and
Controlling Regulatory Costs, because the rule is not a significant
regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
However, an Initial Regulatory Flexibility Analysis (IRFA) has been
performed and is summarized as follows:
This action is necessary to implement a DOL rule dated September
26, 2018, which implemented E.O. 13838, Exemption from Executive
Order 13658 for Recreational Services on Federal Lands (May 25,
2018, published June 1, 2018, 83 FR 25341). E.O. 13658 made
contracts or contract-like instruments entered into with the Federal
Government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on
Federal lands exempt from the minimum wage requirements under E.O.
13658, dated February 12, 2014; lodging and food services are not
exempted.
The objective of this rule is to make a conforming change in the
FAR to conform to the DOL rule to implement E.O. 13838, dated
September 26, 2018. This rule simply provides a conforming amendment
to FAR 22.1903(b)(2)(iii) and FAR clause 52.222-55(c)(2)(ii) to
conform to the DOL rule by adding seasonal recreational services or
seasonal recreational equipment rental for the general public on
Federal lands to the list of exemptions. Lodging and food services
are not exempted. This action is limited to implementing E.O. 13838
by inserting into the FAR the language that E.O. 13838 inserted into
E.O. 13658. The legal basis for these changes is E.O. 13838.
This rule is not expected to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
only applies to contracts for seasonal recreational services or
seasonal recreational equipment rental. Lodging and food services
are not exempted. On average for fiscal years 2016-2018, there were
229 awards reported on an annual basis in the Federal Procurement
Data System (FPDS) for seasonal recreational services and seasonal
recreational equipment rental, of which 153 were awarded to small
business entities. The FPDS data could not isolate which of the
awards were for services or rentals on Federal lands, so the average
number of awards for seasonal recreational services or seasonal
recreational equipment rental to the general public on Federal lands
could be even lower. Furthermore, this rule is expected to have a
beneficial impact on small businesses as it relaxes the burden on
small businesses.
There are no reporting, recordkeeping, or other compliance
requirements in this rule.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. DoD, GSA, and NASA were unable to identify any
alternatives to the rule that would reduce the impact on small
entities and still meet the requirements of the DOL rule.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the
[[Page 56159]]
Regulatory Secretariat Division. DoD, GSA, and NASA invite comments
from small business concerns and other interested parties on the
expected impact of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C 610 (FAR Case 2019-002), in
correspondence.
VII. Paperwork Reduction Act
The 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 22 and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts
22, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 22, and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
2. Amend section 22.1901 by revising the heading and adding in
alphabetical order the definition ``Seasonal recreational services'' to
read as follows:
22.1901 Definitions.
Seasonal recreational services, as used in this subpart, means
services that include river running, hunting, fishing, horseback
riding, camping, mountaineering activities, recreational ski services,
and youth camps.
* * * * *
0
3. Amend section 22.1903 by--
0
a. In paragraph (b)(2)(ii)(C), removing the period and adding ``; or''
in its place; and
0
b. Adding paragraph (b)(2)(iii).
The addition reads as follows:
22.1903 Applicability.
* * * * *
(b) * * *
(2) * * *
(iii) Seasonal recreational services or seasonal recreational
equipment rental for the general public on Federal lands, except for
lodging and food services associated with seasonal recreational
services, in accordance with Executive Order 13838, Exemption from
Executive Order 13658 for Recreational Services on Federal Lands (83 FR
25341, June 1, 2018), as implemented by the U.S. Department of Labor
regulations at 29 CFR 10.4(g).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (c)(8) ``(DEC 2015)'' and adding
``([DATE])'' in its place;
0
c. Removing from paragraph (e)(1)(xviii) ``(DEC 2015)'' and adding
``([DATE])'' in its place;
0
d. Revising the date of Alternate II; and
0
e. Removing from paragraph (e)(1)(ii)(P) of Alternate II ``(DEC 2015)''
and adding ``([DATE])'' in its place.
The revisions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items ([DATE])
* * * * *
Alternate II ([DATE]). * * *
* * * * *
0
5. Amend section 52.213-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(2)(viii) ``(AUG 2019)'' and adding
``([DATE])'' in its place; and
0
c. Removing from paragraph (b)(1)(ix) ``(DEC 2015)'' and adding
``([DATE])'' in its place;
The revision reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) ([DATE])
* * * * *
0
6. Amend section 52.222-55 by--
0
a. Revising the date of the clause;
0
b. Adding to paragraph (a), in alphabetical order, the definition
``Seasonal recreational services'';
0
c. In paragraph (c)(2)(ii)(A), removing the period at the end of the
sentence and adding ``;'' in its place;
0
d. In paragraph (c)(2)(ii)(B), removing the period at the end of the
sentence and adding ``; and'' in its place;
0
e. In paragraph (c)(2)(ii)(C), removing the period at the end of the
sentence and adding ``; or'' in its place; and
0
f. Adding paragraph (c)(2)(iii).
The revision and additions read as follows:
52.222-55 Minimum Wages Under Executive Order 13658.
* * * * *
Minimum Wages Under Executive Order 13658 ([DATE])
* * * * *
(a) Definitions. * * *
``Seasonal recreational services'', as used in this clause, means
services that include: river running, hunting, fishing, horseback
riding, camping, mountaineering activities, recreational ski services,
and youth camps.
* * * * *
(c)(2) * * *
* * * * *
(iii) Seasonal recreational services or seasonal recreational
equipment rental for the general public on Federal lands, except for
lodging and food services associated with seasonal recreational
services, in accordance with Executive Order 13838, Exemption from
Executive Order 13658 for Recreational Services on Federal Lands (83 FR
25341, June 1, 2018), as implemented by the U.S. Department of Labor
regulations at 29 CFR 10.4(g).
* * * * *
0
7. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (c)(1)(xv) ``(DEC 2015)'' and adding
``([DATE])'' in its place;
The revision reads as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items ([DATE])
* * * * *
[FR Doc. 2019-22781 Filed 10-18-19; 8:45 am]
BILLING CODE 6820-EP-P
