Federal Acquisition Regulation: Revision of Definition of “Commercial Item”; Correction, 67351 [2021-25842]
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Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 75
RIN 0991–AC16
Grants Regulation; Removal of NonDiscrimination Provisions and
Repromulgation of Administrative
Provisions Under the Uniform Grant
Regulation
Assistant Secretary for
Financial Resources (ASFR), Health and
Human Services (HHS or the
Department).
ACTION: Notification; postponement of
effectiveness.
AGENCY:
The U.S. District Court for the
District of Columbia in Facing Foster
Care et al. v. HHS, 21–cv–00308 (D.D.C.
Feb. 2, 2021), has postponed the
effectiveness of portions of the final rule
making amendments to the Uniform
Administrative Requirements,
promulgated on January 12, 2021. Those
provisions are now effective January 17,
2022.
DATES: November 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Johanna Nestor at Johanna.Nestor@
hhs.gov or 202–205–5904.
SUPPLEMENTARY INFORMATION: On
January 12, 2021, the Department issued
amendments to and repromulgated
portions of the Uniform Administrative
Requirements, 45 CFR part 75. 86 FR
2257. That rule repromulgated
provisions of part 75 that were
originally published late in 2016. It also
made amendments to 45 CFR 75.300(c)
and (d).
Specifically, the rule amended
paragraph (c), which previously
provided that it is a public policy
requirement of HHS that no person
otherwise eligible will be excluded from
participation in, denied the benefits of,
or subjected to discrimination in the
administration of HHS programs and
services based on non-merit factors such
as age, disability, sex, race, color,
national origin, religion, gender
identity, or sexual orientation.
Recipients must comply with the public
policy requirement in the
administration of programs supported
by HHS awards. The rule amended
paragraph (c) to provide that it is a
public policy requirement of HHS that
no person otherwise eligible will be
excluded from participation in, denied
the benefits of, or subjected to
discrimination in the administration of
HHS programs and services, to the
extent doing so is prohibited by Federal
statute.
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SUMMARY:
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Additionally, the rule amended
paragraph (d), which previously
provided that in accordance with the
Supreme Court decisions in United
States v. Windsor and in Obergefell v.
Hodges, all recipients must treat as valid
the marriages of same-sex couples. The
paragraph provided that it did not apply
to registered domestic partnerships,
civil unions, or similar formal
relationships recognized under state law
as something other than a marriage. The
rule amended paragraph (d) to provide
that HHS will follow all applicable
Supreme Court decisions in
administering its award programs.
On February 2, the portions of
rulemaking amendments to § 75.300
(and a conforming amendment at
§ 75.101(f)) were challenged in the U.S.
District Court for the District of
Columbia. Facing Foster Care et al. v.
HHS, 21–cv–00308 (D.D.C. filed Feb. 2,
2021). On February 9, the court
postponed, pursuant to 5 U.S.C. 705, the
effective date of the challenged portions
of the rule by 180 days, until August 11,
2021.1 On August 5, the court again
postponed the effective date of the rule
until November 9, 2021.2 On November
3, the court further postponed the
effective date of the rule until January
17, 2022.3 The Department is issuing
this notification to apprise the public of
the court’s order.
Xavier Becerra,
Secretary.
[FR Doc. 2021–25792 Filed 11–24–21; 8:45 am]
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67351
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 53
[FAC 2022–01; FAR Case 2018–018; Item
I; Docket No. FAR–2018–0018, Sequence
No. 1]
RIN 9000–AN76
Federal Acquisition Regulation:
Revision of Definition of ‘‘Commercial
Item’’; Correction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule; correction.
AGENCY:
DoD, GSA, and NASA
published a final rule amending the
Federal Acquisition Regulation (FAR) to
implement a section of the John S.
McCain National Defense Authorization
Act for Fiscal Year 2019 to change the
definition of ‘‘commercial item.’’ This
document corrects an erroneous
instruction in that rule.
DATES: Effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 or by email at
zenaida.delgado@gsa.gov, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2022–01, FAR Case 2018–018.
SUPPLEMENTARY INFORMATION: DoD, GSA,
and NASA are correcting an amendatory
instruction under part 53, section
53.213.
In FR Doc. 2021–22144 appearing on
pages 61017–61038 in the issue of
November 4, 2021, make the following
correction:
SUMMARY:
53.213
[Corrected]
1. On page 61037, in the third column,
Instruction 239, paragraph b.i. for
section 53.213, is corrected to read:
‘‘i. Removing the first instance of the
term ‘‘(Rev. 2/2012)’’ and adding ‘‘(Rev.
NOV 2021)’’ in its place; and’’.
■
1 See Order, Facing Foster Care et al. v. HHS, No.
21–cv–00308 (D.D.C. Feb. 2, 2021) (order
postponing effective date), ECF No. 18.
2 See Order, Facing Foster Care et al. v. HHS, No.
21–cv–00308 (D.D.C. Aug. 5, 2021) (order
postponing effective date), ECF No. 23.
3 See Order, Facing Foster Care et al. v. HHS, No.
21–cv–00308 (D.D.C. Nov. 3, 2021) (order
postponing effective date).
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Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2021–25842 Filed 11–24–21; 8:45 am]
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[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Rules and Regulations]
[Page 67351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25842]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 53
[FAC 2022-01; FAR Case 2018-018; Item I; Docket No. FAR-2018-0018,
Sequence No. 1]
RIN 9000-AN76
Federal Acquisition Regulation: Revision of Definition of
``Commercial Item''; Correction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA published a final rule amending the Federal
Acquisition Regulation (FAR) to implement a section of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 to
change the definition of ``commercial item.'' This document corrects an
erroneous instruction in that rule.
DATES: Effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 or by email at [email protected], for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FAC 2022-01, FAR Case
2018-018.
SUPPLEMENTARY INFORMATION: DoD, GSA, and NASA are correcting an
amendatory instruction under part 53, section 53.213.
In FR Doc. 2021-22144 appearing on pages 61017-61038 in the issue
of November 4, 2021, make the following correction:
53.213 [Corrected]
0
1. On page 61037, in the third column, Instruction 239, paragraph b.i.
for section 53.213, is corrected to read:
``i. Removing the first instance of the term ``(Rev. 2/2012)'' and
adding ``(Rev. NOV 2021)'' in its place; and''.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2021-25842 Filed 11-24-21; 8:45 am]
BILLING CODE 6820-EP-P
