General Services Administration Acquisition Regulation (GSAR); Architect-Engineer Selection Procedures, 72193-72194 [2021-27444]

Download as PDF 72193 Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations number EPA–HQ–OPP–2020–0022 at https://www.regulations.gov. jspears on DSK121TN23PROD with RULES1 V. Conclusion Therefore, tolerances are established for residues of spinetoram, in or on fish, freshwater, finfish at 4 ppm; fish, shellfish, crustacean at 4 ppm; fish, shellfish, mollusc at 4 ppm; grass, forage, fodder and hay, group 17, forage at 10 ppm; grass, forage, fodder and hay, group 17, hay at 5 ppm; animal feed, nongrass, group 18, forage at 35 ppm; and animal feed, nongrass, group 18, hay at 30 ppm. VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or Tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or Tribal Governments, on the relationship between the National VerDate Sep<11>2014 17:14 Dec 20, 2021 Jkt 256001 Government and the States or Tribal Governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian Tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). ‘‘Grass, forage, fodder and hay, group 17, forage’’ and ‘‘Grass, forage, fodder and hay, group 17, hay’’ to read as follows: § 180.635 Spinetoram; tolerances for residues. (a) * * * TABLE 1 TO PARAGRAPH (a) Parts per million Commodity * * * Animal feed, nongrass, group 18, forage .......................... Animal feed, nongrass, group 18, hay .............................. * * * * Fish, freshwater, finfish ......... Fish, shellfish, crustacean .... Fish, shellfish, mollusk .......... * * * * Grass, forage, fodder and hay, group 17, forage ....... Grass, forage, fodder and hay, group 17, hay ............ * * * * * * * * * 35 30 * 4 4 4 * 10 5 * * * [FR Doc. 2021–27551 Filed 12–20–21; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. 48 CFR Part 536 [GSAR Case 2015–G505; Docket No. GSA– GSAR 2021–0029; Sequence No. 1] RIN 3090–AJ65 Dated: December 10, 2021. Marietta Echeverria, Acting Director, Registration Division, Office of Pesticide Programs. General Services Administration Acquisition Regulation (GSAR); Architect-Engineer Selection Procedures Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows: AGENCY: PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD SUMMARY: 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.635, amend table 1 to paragraph (a) by adding in alphabetical order the entries ‘‘Animal feed, nongrass, group 18, forage’’; ‘‘Animal feed, nongrass, group 18, hay’’; ‘‘Fish, freshwater, finfish’’; ‘‘Fish, shellfish, crustacean’’; ‘‘Fish, shellfish, mollusc’’; ■ PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule. The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to remove text from the GSAR regarding internal architect-engineer selection procedures and move it into the General Services Administration Acquisition Manual (GSAM). DATES: Effective January 20, 2022. FOR FURTHER INFORMATION CONTACT: Mr. Liam Skinner or Mr. Bryon Boyer at 817–850–5580 or gsarpolicy@gsa.gov, for clarification of content. For E:\FR\FM\21DER1.SGM 21DER1 72194 Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite GSAR Case 2015–G505. SUPPLEMENTARY INFORMATION: I. Background As part of GSA’s regulatory reform efforts, GSA identified internal agency guidance on architect/engineer selection procedures in the General Services Administration Acquisition Regulation (GSAR) that are non-regulatory. The ongoing clean up of the GSAR presents the opportunity to move this text into internal agency acquisition guidance, the General Services Administration Acquisition Manual (GSAM). Thus, the Fall 2017 edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions in the Federal Register at 83 FR 1664 on January 12, 2018, notes GSA’s intention to publish a final rule in the Federal Register to remove this language from the GSAR and add it to the non-regulatory GSAM. jspears on DSK121TN23PROD with RULES1 II. Authority for This Rulemaking Title 40 of the United States Code (U.S.C.) Section 121 authorizes GSA to issue regulations, including the GSAR, to control the relationship between GSA and contractors. III. Discussion and Analysis Federal Acquisition Regulation (FAR) 1.301(a)(2) provides an agency head the ability to issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, workflow procedures, and internal reporting requirements). Furthermore, FAR 1.301(b) states that publication for public comment is not required for issuances under FAR 1.301(a)(2). GSA’s implementation and supplementation of the FAR is issued in the GSAM, which includes the GSAR. The GSAR contains policies and procedures that have a significant effect beyond the internal operating procedures of GSA or a significant effect beyond the internal operating procedures of GSA or a significant cost or administrative impact on contractors or offerors (see FAR 1.301(b)). Relevant procedures, guidance, instruction, and information that do not meet this criteria are issued through the nonregulatory portion of the GSAM and other GSA publications. As a part of GSA’s comprehensive review of its regulatory requirements in the GSAR, internal agency guidance was identified within GSAR Part 536 that VerDate Sep<11>2014 17:14 Dec 20, 2021 Jkt 256001 could be moved to GSA’s non-regulatory acquisition policy of the GSAM. This internal guidance does not have a significant effect beyond the internal operating procedures of GSA or a significant cost or administrative impact on contractors or offerors (see FAR 1.301(b)). As a result, this action represents an administrative clean-up to remove internal agency guidance from the GSAR and move it to GSA’s nonregulatory acquisition policy. Moving this language from GSAR to GSAM allows for future updates to be easier and more efficient, allowing for the section to stay up to date with current procedures. The amendments to GSAR part 536 are minor and reflect needed changes to have language reflect current practice. Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This rule is not required to be published for public comment, because it does not have a significant effect or impose any new requirements on contractors or offers, the rule merely removes internal agency guidance from regulatory, to nonregulatory authority. IV. 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 rule has been reviewed and determined by the Office of Management and Budget (OMB) not to be a significant regulatory action and, therefore, was not subject to review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. VII. Regulatory Flexibility Act V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a ‘‘major rule’’ may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This rule has been reviewed and determined by OMB not to be a ‘‘major rule’’ under 5 U.S.C. 804(2). Jeffrey Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy, General Services Administration. VI. Notice for Public Comment The statute that applies to the publication of the GSAR is the Office of Federal Procurement Policy statute (codified at title 41 of the United States ■ PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply to this rule, because an opportunity for public comment is not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see Section VI. of this preamble). Accordingly, no regulatory flexibility analysis is required and none has been prepared. VIII. Paperwork Reduction Act The 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 Part 536 Government procurement. Therefore, GSA amends 48 CFR part 536 as set forth below: PART 536—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 1. The authority citation for 48 CFR part 536 continues to read as follows: ■ Authority: 40 U.S.C. 121(c). Subpart 536.6 [Removed and Reserved] 2. Remove and reserve subpart 536.6, consisting of sections 536.602 and 536.602–1. [FR Doc. 2021–27444 Filed 12–20–21; 8:45 am] BILLING CODE 6820–61–P E:\FR\FM\21DER1.SGM 21DER1

Agencies

General Services Administration

[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Rules and Regulations]
[Pages 72193-72194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27444]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 536

[GSAR Case 2015-G505; Docket No. GSA-GSAR 2021-0029; Sequence No. 1]
RIN 3090-AJ65


General Services Administration Acquisition Regulation (GSAR); 
Architect-Engineer Selection Procedures

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

ACTION: Final rule.

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

SUMMARY: The General Services Administration (GSA) is issuing a final 
rule amending the General Services Administration Acquisition 
Regulation (GSAR) to remove text from the GSAR regarding internal 
architect-engineer selection procedures and move it into the General 
Services Administration Acquisition Manual (GSAM).

DATES: Effective January 20, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Liam Skinner or Mr. Bryon Boyer at 
817-850-5580 or [email protected], for clarification of content. For

[[Page 72194]]

information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at 202-501-4755. Please cite GSAR Case 2015-
G505.

SUPPLEMENTARY INFORMATION:

I. Background

    As part of GSA's regulatory reform efforts, GSA identified internal 
agency guidance on architect/engineer selection procedures in the 
General Services Administration Acquisition Regulation (GSAR) that are 
non-regulatory. The on-going clean up of the GSAR presents the 
opportunity to move this text into internal agency acquisition 
guidance, the General Services Administration Acquisition Manual 
(GSAM). Thus, the Fall 2017 edition of the Unified Agenda of Federal 
Regulatory and Deregulatory Actions in the Federal Register at 83 FR 
1664 on January 12, 2018, notes GSA's intention to publish a final rule 
in the Federal Register to remove this language from the GSAR and add 
it to the non-regulatory GSAM.

II. Authority for This Rulemaking

    Title 40 of the United States Code (U.S.C.) Section 121 authorizes 
GSA to issue regulations, including the GSAR, to control the 
relationship between GSA and contractors.

III. Discussion and Analysis

    Federal Acquisition Regulation (FAR) 1.301(a)(2) provides an agency 
head the ability to issue or authorize the issuance of internal agency 
guidance at any organizational level (e.g., designations and 
delegations of authority, assignments of responsibilities, work-flow 
procedures, and internal reporting requirements). Furthermore, FAR 
1.301(b) states that publication for public comment is not required for 
issuances under FAR 1.301(a)(2).
    GSA's implementation and supplementation of the FAR is issued in 
the GSAM, which includes the GSAR. The GSAR contains policies and 
procedures that have a significant effect beyond the internal operating 
procedures of GSA or a significant effect beyond the internal operating 
procedures of GSA or a significant cost or administrative impact on 
contractors or offerors (see FAR 1.301(b)). Relevant procedures, 
guidance, instruction, and information that do not meet this criteria 
are issued through the non-regulatory portion of the GSAM and other GSA 
publications.
    As a part of GSA's comprehensive review of its regulatory 
requirements in the GSAR, internal agency guidance was identified 
within GSAR Part 536 that could be moved to GSA's non-regulatory 
acquisition policy of the GSAM. This internal guidance does not have a 
significant effect beyond the internal operating procedures of GSA or a 
significant cost or administrative impact on contractors or offerors 
(see FAR 1.301(b)). As a result, this action represents an 
administrative clean-up to remove internal agency guidance from the 
GSAR and move it to GSA's non-regulatory acquisition policy. Moving 
this language from GSAR to GSAM allows for future updates to be easier 
and more efficient, allowing for the section to stay up to date with 
current procedures.
    The amendments to GSAR part 536 are minor and reflect needed 
changes to have language reflect current practice.

IV. 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 rule has been reviewed and determined by the Office of Management 
and Budget (OMB) not to be a significant regulatory action and, 
therefore, was not subject to review under section 6(b) of Executive 
Order 12866, Regulatory Planning and Review, dated September 30, 1993.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a ``major rule'' may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. A major rule cannot take 
effect until 60 days after it is published in the Federal Register.
    This rule has been reviewed and determined by OMB not to be a 
``major rule'' under 5 U.S.C. 804(2).

VI. Notice for Public Comment

    The statute that applies to the publication of the GSAR is the 
Office of Federal Procurement Policy statute (codified at title 41 of 
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires 
that a procurement policy, regulation, procedure or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This rule is not required to be published for public comment, because 
it does not have a significant effect or impose any new requirements on 
contractors or offers, the rule merely removes internal agency guidance 
from regulatory, to non-regulatory authority.

VII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see 
Section VI. of this preamble). Accordingly, no regulatory flexibility 
analysis is required and none has been prepared.

VIII. Paperwork Reduction Act

    The 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 Part 536

    Government procurement.

Jeffrey Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy, General Services Administration.

    Therefore, GSA amends 48 CFR part 536 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).

Subpart 536.6 [Removed and Reserved]

0
2. Remove and reserve subpart 536.6, consisting of sections 536.602 and 
536.602-1.

[FR Doc. 2021-27444 Filed 12-20-21; 8:45 am]
BILLING CODE 6820-61-P

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