Federal Management Regulation; Art in Architecture, 5711-5717 [2022-02158]
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
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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 tolerance exemption in this action,
do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (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. As a
result, this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
EPA has determined that this action will
not have a substantial direct effect on
States or Tribal Governments, on the
relationship between the National
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, EPA 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 (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
EPA’s consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act (15
U.S.C. 272 note).
V. 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).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
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Dated: January 14, 2022.
Edward Messina,
Director, Office of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1391 to subpart D to read
as follows:
■
§ 180.1391 Saccharomyces cerevisiae
strain LAS02; exemption from the
requirement of a tolerance.
An exemption from the requirement
of a tolerance is established for residues
of Saccharomyces cerevisiae strain
LAS02 in or on all food commodities
when used in accordance with label
directions and good agricultural
practices.
[FR Doc. 2022–02099 Filed 2–1–22; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–77
[FMR Case 2021–02; Docket No. GSA–FMR–
2021–0024, Sequence No. 1]
RIN 3090–AK47
Federal Management Regulation; Art in
Architecture
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule with 60-day comment
period.
AGENCIES:
GSA is issuing a final rule
amending the Federal Management
Regulation (FMR) to update certain
provisions of the Art in Architecture
program. These revisions clarify the
policies to collect, manage, fund, and
commission visual art in Federal
buildings. The rule updates policies
consistent with the requirements of the
Executive Order (E.O.) issued May 14,
2021, titled ‘‘Revocation of Certain
Presidential Actions and Technical
Amendment.’’ The rule also supports
the goals of the E.O. issued January 20,
2021, titled ‘‘Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government.’’
SUMMARY:
DATES:
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Effective date: January 31, 2022.
Comments due date: Please submit
comments by the method listed in the
ADDRESSES section by April 4, 2022 for
consideration in future rulemaking.
ADDRESSES: Submit comments in
response to FMR Case 2021–02 to:
Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FMR Case 2021–02.’’
Select the link ‘‘Comment Now’’ that
corresponds with FMR Case 2021–02.
Follow the instructions provided at the
‘‘Comment Now’’ screen. Please include
your name, company name (if any), and
‘‘FMR Case 2021–02’’ on your attached
document. If your comment cannot be
submitted using https://
www.regulations.gov, call or email the
points of contact in the FOR FURTHER
INFORMATION CONTACT section of this
document for alternative instructions.
Instructions: Please submit comments
only and cite FMR Case 2021–02 in all
correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal or business confidential
information, or both, provided. To
confirm receipt of your comment(s),
please check www.regulations.gov
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Chris Coneeney, Director, Real Property
Policy Division, Office of Governmentwide Policy, at 202–208–2956 or
chris.coneeney@gsa.gov. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Please cite FMR Case 2021–02.
SUPPLEMENTARY INFORMATION:
I. History of the Program
Art in U.S. public buildings has a long
history, beginning in the 1850s in the
U.S. Custom House in New Orleans and
continuing at the U.S. Capitol and
through the Beaux-Arts era when
courthouses and custom houses
throughout the Nation were embellished
with works of art. In the 1930s, the
Great Depression saw the creation of
relief programs of the New Deal,
including four art programs: The Public
Works of Art, which employed artists to
create artworks; the Section of Fine Arts
(the Section), a Treasury Department
effort that awarded commissions to
artists through competitions to secure
the best quality artwork for installation
in public buildings, including Federal
buildings, courthouses and post offices;
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the Treasury Relief Art Project, which
employed artists to create paintings and
sculptures for existing Federal
buildings; and the largest of the
programs in scope and numbers of
artists employed, the Works Progress
Administration, which included the
Federal Art Project (FAP). From 1935 to
1943, thousands of artists created over
200,000 works of art, and under the
FAP, these artworks were distributed to
State and municipal facilities. The New
Deal art programs brought art into
everyday life in places like post offices,
schools, hospitals, and libraries, and
showed the importance of art in a
democracy. They also built up the
public art collection in the U.S. and set
the stage for Federal arts funding. The
Section also instituted the influential
percent-for-art policy idea: 1% of the
total building construction cost would
be set aside for the building’s
embellishment. In 1963, GSA started the
Fine Arts in New Federal Buildings
program, a percent-for-art policy that in
1972 became the Art in Architecture
program. This has become a model for
many State and municipal community
art programs. These artworks enhance
the civic meaning of Federal
architecture and showcase the vibrancy
of American visual arts. Together, the
art and architecture of Federal buildings
create a lasting cultural legacy. The
activities of the Art in Architecture
program addressed in this regulation
apply only to federally owned facilities
under the jurisdiction, custody and
control of GSA. New art commissions
are included in capital projects
authorized by Congress for the
construction or major modernization of
a building by GSA. Other agencies, such
as the U.S. Department of State, operate
art programs under separate authorities.
Art programs in Federal buildings not
only create a better environment for
conducting Government business, they
offer a space to represent equitably the
diversity of the Nation and to support
the arts in communities that have
Federal buildings. In accordance with
E.O. 13985, ‘‘Advancing Racial Equity
and Support for Underserved
Communities Through the Federal
Government,’’ issued January 20, 2021,
all agencies are directed to ‘‘promote
[. . .] equitable opportunities’’ for
access to programs and services.
Previous definitions of acceptable art
styles limited participation in Art in
Architecture programs, and thus art
projects in the past did not necessarily
reflect the diversity of the communities
in which they were located. Increasing
equitable access for artists of different
backgrounds and art styles to participate
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in these programs is a priority for
achieving the goals of E.O. 13985.
II. Current Program and Discussion of
Proposed Changes With This Final Rule
GSA reserves one-half of one percent
of the estimated construction cost of
each new Federal building and selects
new prospectus-level modernization or
repair and alteration projects to
commission project artists. Artist
candidates for Art in Architecture
commissions are most often identified
from GSA’s National Artist Registry
(Registry), which is a database of artists
who have previously submitted digital
images of their past portfolio work.
Artists may also be identified through
other sources, such as from posted
solicitations for active procurements.
There is no fee to join the Registry,
which currently has approximately
1,700 artists and is open to all artists
who are U.S. citizens or lawful
permanent residents. Instructions for
joining the Registry can be found at
https://www.gsa.gov/cdnstatic/
National_Artist_Registry_Instructions_
MAR_2016.pdf and requires the
submission of GSA Form 7437, a
resume, images of completed artwork,
and a script identifying the images.
During building construction, a panel
of seven, composed of a GSA art peer
from the GSA Commissioner of Public
Buildings’ National Register of Peer
Professionals (distinguished privatesector design and art professionals
appointed by the Commissioner of
Public Buildings to critique concept
designs under development), an art
professional from the city or geographic
region of the building project, a
representative of the building project’s
primary Federal occupant agency, a
community representative, the project’s
lead design architect, and two GSA
representatives, one representing the
Public Buildings Service (PBS) Regional
Commissioner and the other the Art in
Architecture program office, is
convened.
The panel meets to discuss
opportunities for artists to participate in
the building project. Artists who receive
Federal commissions work with the
project architects and others as members
of a design team are invited to
participate to ensure that the artworks
are meaningfully integrated into the
overall project. GSA’s current
procedures for this program can be
found at https://www.gsa.gov/cdnstatic/
FINAL%20FOR%20ISSUANCE
%20081720%20%20GSA%20ART%20IN%20
ARCHITECTURE%20
POLICIES%20AND%20
PROCEDURES%20-%20Copy.pdf.
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These procedures will be updated upon
issuance of the final rule. The artist
selection board is also referenced in the
General Services Acquisition Manual
(GSAM) section 536.7003–2, available at
https://www.acquisition.gov/content/
part-536-construction-and-architectengineer-contracts#GSAM_536-7003-2.
GSA maintains a public website
showing the installed artwork
commissioned by the Art in
Architecture program, which is
available at https://www.gsa.gov/finearts#/gallery/439.
GSA’s intent to modify PBS policies
in the final rule will allow the removal
of the currently restrictive requirement
to prioritize the commissioning of
monuments portraying historically
significant Americans, significant events
in American history or illustrating the
ideals upon which the Nation was
founded with preference for a realistic
style, while soliciting comments to
increase civic engagement and enhance
the diversity and equity of the Art in
Architecture program.
GSA recognizes this program is
perhaps not as well known among
various communities of artists and, with
the publication of this rule, will be
partnering with other Federal agencies
to highlight the program across
communities whose artists have not
typically been represented in the
Registry. With the publication of this
rule, GSA is encouraging artists to apply
to the Registry.
Once an artist is chosen to
commission a work of art under the
procedures in GSAM section 536.70
(available at https://
www.acquisition.gov/content/part-536construction-and-architect-engineercontracts#id201HD50D01N), the artist
must register in the System for
Acquisition Management at https://
www.SAM.gov in accordance with
Federal Acquisition Regulation (FAR)
section 52.204–7 (available at https://
www.acquisition.gov/far/part-52#FAR_
52_204_7).
III. Discussion of the Final Rule
The elements GSA proposes to
rescind are described in detail below
together with the policy explanation in
each instance. Section 1 of E.O. 14029,
‘‘Revocation of Certain Presidential
Actions and Technical Amendment,’’ 1
revoked E.O. 13934, ‘‘Building and
Rebuilding Monuments to American
Heroes.’’ 2 Section 2 directed GSA to
1 86 FR 27025 (May 19, 2021), https://
www.federalregister.gov/documents/2021/05/19/
2021-10691/revocation-of-certain-presidentialactions-and-technical-amendment.
2 85 FR 41165 (July 8, 2020), https://
www.federalregister.gov/documents/2020/07/08/
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consider rescinding any orders, rules,
regulations, guidelines, or policies, or
portions thereof, implementing or
enforcing E.O. 13934. Id.
To implement E.O. 13934, GSA issued
a final rule on September 25, 2020.3
GSA has now made a determination,
consistent with E.O. 14029, to revoke
the regulatory amendments that
implemented subsections 4(c), (d) and
(e) of E.O. 13934 and restore the policies
that were previously contained in part
102–77 of the FMR.4
Subsection 4(c) of E.O. 13934 directed
GSA, to the extent appropriate and
consistent with applicable law, to
prioritize projects resulting in the
installation of a publicly accessible
statue of historically significant
Americans in communities where a
statue depicting a historically
significant American was removed or
destroyed in 2020.
Subsection 4(d) of E.O. 13934
required GSA, in consultation with the
Interagency Task Force for Building and
Rebuilding Monuments to American
Heroes, to revise its Art in Architecture
program regulations to prioritize the
commission of works of art that portray
historically significant Americans or
events of American historical
significance or illustrate the ideals upon
which our Nation was founded. Priority
should be given to public-facing
monuments to former Presidents of the
United States and to individuals and
events relating to the discovery of
America, the founding of the United
States, and the abolition of slavery.
Such works of art should be designed to
be appreciated by the general public and
by those who use and interact with
Federal buildings.
Subsection 4(e) of E.O. 13934 further
required, ‘‘When a statue or work of art
commissioned pursuant to this section
is meant to depict a historically
significant American, the statue or work
of art shall be a lifelike or realistic
representation of that person, not an
abstract or modernist representation.’’
GSA Art in Architecture policy
documents outline the specific process
by which the Federal Government
commissions a work of art for a Federal
building. These policy documents detail
when an artwork is commissioned, the
makeup of the panel that will
2020-14872/building-and-rebuilding-monumentsto-american-heroes.
3 85 FR 60383 (Sept. 25, 2020), https://
www.federalregister.gov/documents/2020/09/25/
2020-20453/federal-management-regulation-fmrart-in-architecture.
4 70 FR 67786 (Nov. 8, 2005), https://
www.federalregister.gov/documents/2005/11/08/0521644/federal-management-regulation-realproperty-policies-update.
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recommend and review artist
candidates, how artists can participate
in the program, the criteria for
evaluating candidates, and the artist’s
development of an art concept.
With this rule, §§ 102–77.21, 102–
77.22, and 102–77.23 are removed in
their entirety to comply with the
direction in E.O. 14029 to consider
revoking regulations that implemented
the provisions of E.O. 13934. The title
of part 102–77 remains as ‘‘Art in
Architecture’’ instead of ‘‘Art-inArchitecture.’’ GSA has not used the
hyphens when referring to this program
for more than 15 years, including in
publications, online and in
correspondence. The change reflects
this usage.
GSA is also updating the definitions
to be more inclusive of different visual
arts styles and removing references to
‘‘fine arts,’’ which may be interpreted by
some to exclude certain styles and
mediums of art and, therefore, many
artists from consideration for
commission. The broader definition of
‘‘visual arts’’ better reflects current
practice in the arts community and
supports the goals of E.O. 13985.
IV. Paperwork Reduction Act and
Changes Proposed to the National Artist
Registry
The Paperwork Reduction Act (44
U.S.C. 3501–3521) applies to this final
rule.
The Office of Management and Budget
(OMB) Control Number 9000–0159,
‘‘Information Collection; Central
Contractor Registration,’’ supports FAR
Clause 52.204–7, which requires an
artist to register in the System for Award
Management once they are selected and
awarded a contract. GSA does not
believe any revisions are needed to this
information collection.
GSA requested, and OMB has
approved, revisions to OMB Control
Number 3090–0274, ‘‘Art in
Architecture Program National Artist
Registry,’’ which supports the GSA
Form 7437 used for additions to the
Registry. GSA believes these revisions to
the form and the information collection
are needed to support the goals of E.O.
13895.
The annual public reporting burden
for this collection of information
through OMB Control Number 3090–
0274, ‘‘Art in Architecture Program
National Artist Registry’’ (GSA Form
7437), is estimated based on the time for
reviewing and completing the collection
of information. GSA is planning to
conduct an outreach program to
promote the Art in Architecture
program and the Registry. This is
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expected to increase the number of
annual responses.
Assumptions for reporting burden:
• GSA estimates 850 responses in the
first year of reporting based on half of
the current Registry population.
• 0.25 hours per response is
estimated by the current time to submit
artist information to the Registry. The
changes to the form include additions
and removals with the net result being
no increase in time to complete the
form.
• GSA estimates 300 responses per
year in the annual updates as estimated
by the current annual responses.
The reporting burden for the first year
is estimated as follows:
1. Initial Disclosure based on
increased outreach by GSA to the artist
community
Estimated responses: 850.
Estimated hours per response: 0.25.
Total Initial Response Burden Hours:
212.5.
2. Annual Updates (years two and
three)
Estimated annual responses: 300.
Estimated hours per response: 0.25.
Total Update Response Burden Hours:
75.
Public comments are particularly
invited on: Whether this collection of
information is necessary; whether it will
have practical utility; whether our
estimate of the public burden of this
collection of information is accurate,
and based on valid assumptions and
methodology; ways to enhance the
quality, utility and clarity of the
information to be collected; and ways in
which we can minimize the burden of
the collection of information on those
who are to respond through the use of
appropriate technological collection
techniques or other forms of information
technology.
V. Expected Impact of This Final Rule
This final rule revokes the regulatory
amendments that implemented
subsections 4(c), (d) and (e) of E.O.
13934 and restores policies that were
previously contained in part 102–77 of
the FMR. Accordingly, the only impact
from the revocation of E.O. 13934 as
effectuated by this final rule is the
expansion of the styles of artwork under
consideration for commissions within
the Art in Architecture program. There
are no other changes to the policies
surrounding the consideration of artists.
The number of new construction and
prospectus-level renovation projects
requiring an Art in Architecture
commission per year depends on the
number of prospectus-level new
construction and major repairs and
alterations projects approved by
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Congress. The number of commissions
and their value was not affected by the
implementation of the prior rule nor is
it expected to be impacted by this final
rule. Historical averages denote an
annual rate of 5 Art in Architecture
projects per year with an average cost of
$482,335 per project.
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A. Costs to the Public for Art in
Architecture Panels
The only substantive change in
procedures due to this final rule is the
consideration of all styles of artwork for
commissioning. GSA analyzed the
associated costs of the prior rule and
this final rule and determined there is
no additional cost to the public for the
operation and composition of members
for the Art in Architecture panels. For
the model for both the prior rule and
this final rule, GSA assumes two small
businesses and two large businesses will
continue to be members of the panel.
For the model, GSA used the lead
designer and the art peer remaining as
the large businesses and the community
representative and the community art
representatives as the small businesses.
These assumptions were validated by
Art in Architecture staff’s review of the
composition of previous panels.
GSA calculated the total estimated
cost for the lead designer, assuming an
average hourly rate of $127.69 for a
senior principal architect, for this part
of the rule to be $10,215 (= 16 hours ×
$127.69 × 5) each year.
GSA calculated the total estimated
cost for the art peer, assuming an
average hourly rate of $55.30, for this
part of the rule to be $1,106 (= 4 hours
× $55.30 × 5) each year.
GSA calculated the total estimated
cost for the community representative,
assuming an average hourly rate of
$68.13, for this part of the rule to be
$1,363 (= 4 hours × $68.13 × 5) each
year.
GSA calculated the total estimated
cost for the community art
representative, assuming an average
hourly rate of $55.30, for this part of the
rule to be $1,106 (= 4 hours × $55.30 ×
5) each year.
The cost to the public for the Art in
Architecture panels remains the same
from the prior rule and this final rule.
B. Public Costs for the Submission of
Artist Applications Containing Their
Demographic Information to the
National Artist Registry
To align with the Administration’s
policies and directives, artists within
the Registry will be able to submit their
demographic information through the
Art in Architecture website. The
provision of this additional information
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is optional and will be used to report on
the demographic make-up of
participants and their reflection to the
Nation as a whole. Artists will also be
able to indicate their status as a U.S.
citizen and, in a change to the form, a
lawful permanent resident. The section
on media has been updated to reflect
current art practice and specifications
on materials have been eliminated. GSA
estimated the burden to the current
artists to be $11,807 (= 0.25 hours ×
$27.78 × 1,700) in the second year. GSA
estimated the hourly rate of $27.78 for
the artists by using the Bureau of Labor
Statistics December 2021 average hourly
earnings for other services.5
To support the Administration’s
policies and directives, new artists will
submit their information, including key
demographic data points, through the
Art in Architecture website. GSA
estimated the burden to the new artists
to be $5,903 (= 0.25 hours × $27.78 ×
850) in the second year. GSA estimated
the hourly rate of $27.78 for the artists
by using the Bureau of Labor Statistics
December 2021 average hourly earnings
for other services.6 GSA estimates the
number of submissions will increase by
35% due to the Administration’s efforts
to heighten awareness of the Registry
and motivate artists to register. This will
help future assessments of the
relationship between U.S. demographic
trends and the composition of artists
within the Registry.
GSA calculated the estimated number
of annual submissions under the prior
rule by applying the ratio of estimated
annual submissions against the
Registry’s current population to the
number of artists estimated by GSA to
be able to be considered for a
commission under the prior rule. GSA
estimated 31 artists on an annual basis
would have submitted information in
year 2 of the analysis. Therefore, GSA
calculated this cost to be $215 (= 0.25
hours × $27.87 × 31). This final rule
results in an incremental cost of $5,688
in year 2 to the public.
To support the Administration’s
policies and directives, new artists will
submit their information, including key
demographic data points, through the
Art in Architecture website. GSA
estimated the burden to the new artists
to be $2,084 (= 0.25 hours × $27.78 ×
300) in years 3–10. GSA estimated the
hourly rate of $27.78 for the artists by
using the Bureau of Labor Statistics
December 2021 average hourly earnings
for other services.7 GSA estimates the
5 https://www.bls.gov/news.release/
empsit.t19.htm.
6 Id.
7 Id.
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number of submissions will increase
due to the Administration’s efforts to
heighten awareness of the Registry and
motivate artists to register. This will
help future assessments of the
relationship between U.S. demographic
trends and the composition of artists
within the Registry.
GSA calculated the estimated number
of annual submissions under the prior
rule by applying the ratio of estimated
annual submissions against the
Registry’s current population to the
number of artists estimated by GSA to
be able to be considered for a
commission under the prior rule. GSA
estimated 31 artists on an annual basis
would have submitted information in
years 3–10 of the analysis. Therefore,
GSA calculated this cost to be $215 (=
0.25 hours × $27.87 × 31). This final rule
results in an incremental cost of $1,869
per year in years 3–10 to the public.
The following is a summary of the
estimated costs to the public calculated
within a 10-year time horizon at a 3 and
7 percent discount rate, respectively:
Summary
Present Value (3 percent) ....
Annualized Costs (3 percent)
Present Value (7 percent) ....
Annualized Costs (7 percent)
Total costs
$28,857
2,833
25,028
2,374
C. Government Costs
Below is a list of activities related to
regulatory familiarization that GSA
anticipates will occur.
1. Award of Art in Architecture
Commissions
As noted above, GSA gathered details
of its Art in Architecture projects over
the past five years. It was determined an
average of 5 projects per year occur with
an average cost of $482,335 per project.
Therefore, GSA calculated the total
estimated cost for this part of the rule
to be $2,411,675 (= 5 × $482,335) each
year. However, the difference in
estimated cost between the prior rule
and this final rule is negligible since
these commissions were scheduled to be
awarded under the prior rule, but to
fewer potential artists. This final rule
does not change the amount of funding
allocated for each project, the number of
commissions or the cost of projects and
commissions.
2. Workforce Training
GSA calculates it will take one hour
in the first year to review and train the
workforce on the requirements of this
final rule. GSA estimates this cost by
multiplying the time required to train
the workforce (Art in Architecture staff
estimated their workforce to be 18
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individuals) by the estimated
compensation, on average, of a GS–13.
Therefore, GSA calculated the total
estimated cost for this part of the rule
to be $1,227 (= 1 hour × $68.18 × 18).
GSA calculates it will take eight hours
in the first year to create material to
train the workforce on the requirements
of this final rule. GSA estimates this
cost by multiplying the time required to
develop the material by the estimated
compensation, on average, of a GS–14.
Therefore, GSA calculated the total
estimated cost for this part of the rule
to be $644 (= 8 hours × $80.56 × 1).
3. Procedures
For each commissioned work of art, a
panel composed of art professionals,
civic and community representatives,
the project’s lead design architect, GSA
staff, and Federal occupant agency
representatives will meet to discuss
opportunities for artists to participate in
the building project.
GSA calculated the total estimated
cost for the Art in Architecture staff to
meet the requirements of this final rule
for this part of the rule to be $128,896
(= 5 × $80.56 × 320 hours) each year.
GSA estimates this cost by multiplying
the number of projects by the number of
hours per project by the estimated
compensation, on average, of a GS–14.
GSA calculated the total estimated
cost for regional staff to meet the
requirements of this final rule for this
part of the rule to be $34,090 (= 5 ×
$68.18 × 100 hours) each year. GSA
estimates this cost by multiplying the
number of projects by the number of
hours per project by the estimated
compensation, on average, of a GS–13.
GSA calculated the total estimated
cost for the United States District Court
judges to meet the requirements of this
final rule for this part of the rule to be
$4,582 (= 2 × $143.20 × 16 hours) each
year. GSA estimates this cost by
multiplying the number of projects by
the number of hours per project by the
estimated compensation, on average, of
a U.S. District Court judge.
GSA calculated the total estimated
cost for the Federal agency
representative to meet the requirements
of this final rule for this part of the rule
to be $2,578 (= 2 × $80.56 × 16 hours)
each year. GSA estimates this cost by
multiplying the number of projects by
the number of hours per project by the
estimated compensation, on average, of
a GS–14.
GSA calculated the total estimated
cost for the Federal occupant agency
representative to meet the requirements
of this final rule for this part of the rule
to be $1,516 (= 1 × $94.76 × 16 hours)
each year. GSA estimates this cost by
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multiplying the number of projects by
the number of hours per project by the
estimated compensation, on average, of
a GS–15.
GSA calculated the total estimated
cost for GSA staff to review
demographic information submitted to
the Registry on an annual basis to be
$1,150,542 (=2,550 8 × $68.18 × .5 hours)
for years 2–10 for the analysis. GSA
estimated the data to be reviewed by a
GS–13 based on historical GSA staff
responsibilities.
GSA calculated the total estimated
cost for GSA staff to compile a report of
the submitted and reviewed
demographic information from the
Registry on an annual basis to be $80.56
(= 1 × $80.56 × 1 hour) each year. GSA
estimated the report to be compiled by
a GS–14, as the staff member issuing the
report would be a senior staff member
based on historical GSA staff
responsibilities.
GSA calculated the total estimated
cost for GSA staff to review available
technologies to help automate data
collection and production of artist
demographics to be $4,131 (= 1 × $57.33
× 8 hours). GSA estimated the review
will be completed by a GS–12 based on
historical GSA staff responsibilities.
The estimated incremental effect of
the change contemplated by this final
rule is that the number of artists being
considered would increase in year one
from approximately 200 artists whose
art would realistically depict a
historically significant American to
2,550 artists, with incremental increases
averaging 300 artists per year in the
subsequent years. This effect results in
an incremental cost for the government
to receive and process additional
submissions to the Registry. GSA
compared the estimated incremental
effects and costs of this final rule against
the estimated costs of the prior rule over
a 10-year analysis and determined this
final rule would increase costs to the
Federal Government by $995,225.9
D. Government Total Costs
It is assumed the government incurs
a cost savings only in the first year after
publication totaling $14,044.10 This
estimated cost savings is generated by a
reduction of time spent on policies and
procedures by Art in Architecture staff
and Regional Fine Arts Officers in the
first year due to the implementation of
this final rule. Due to the expanded data
collection within the Registry and
8 It is assumed the artist pool will increase by 300
artists each year, with the Registry starting with an
estimated 2,550 artists in year two.
9 Total costs calculated by GSA
10 Id.
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5715
review of collected data in years 2–10,
the government does not estimate to
incur a cost savings in any year after the
first year. Each year after the first year
of publication, the annual cost to the
government is assumed to be
$112,141.11 The following is a summary
of the estimated costs calculated for a
10-year time horizon at a 3 and 7
percent discount rate, respectively:
Summary
Present Value (3 percent) ....
Annualized Costs (3 percent)
Present Value (7 percent) ....
Annualized Costs (7 percent)
Total costs
$818,859
80,394
641,787
60,887
E. Benefits
Art is a vital tool for civic engagement
and participation, building social
capital and encouraging civil discourse.
It can be a critical investment in
placemaking that engenders community
pride and enables community
development. Due to the prior rule’s
more restrictive requirements in terms
of content and style of art to depict a
person or event of historical significance
realistically, only 201 artists met these
requirements. With this final rule, the
pool of artists will expand to all 1,700
members of the Registry regardless of
style or medium used. The removal of
the content and style requirements
increases the opportunity for all artists
to participate in the program and be
considered for commissions. With
GSA’s additional outreach, which will
begin with publication of this rule, GSA
believes the number of artists within the
Registry will grow each year, thereby
furthering GSA’s ability to select a style
of art representative of the community
in which it will be commissioned.
Therefore, this final rule will align the
Registry and the Art in Architecture
program with the goals of E.O. 13985. It
will increase GSA’s ability to connect
with local communities and reflect the
values, culture and composition of an
area in the commissioned art. It will
also allow for a potential expansion of
professional opportunities for a more
diverse set of artists, if their work is
chosen.
F. Overall Total Additional Costs of This
Final Rule
The overall total additional
undiscounted cost of this final rule is
estimated to be $1,027,672 over a tenyear period including the estimated cost
savings in the first year.
11 Id.
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Analysis of Alternatives
The preferred alternative is the
process laid out in the analysis above.
However, GSA has analyzed three
alternatives to the preferred process.
Alternative 1: GSA could decide to
take no regulatory action. No action
from the government would lead to
fewer artists and artistic styles
considered for a commission and would
be inconsistent with the President’s
direction to agencies in E.O. 13985. The
public and Government would not incur
the additional costs associated with this
final rule; however, the benefits of an
increased Registry outweigh the
incremental costs. As a result, GSA
rejected this alternative.
Alternative 2: GSA could take limited
regulatory action based on the policy
direction of E.O. 13985. However, this
alternative would limit GSA’s ability to
select any medium of art and would
limit the expected impact to
communities and public buildings,
which would not fully be consistent
with the President’s direction to
agencies in E.O.13985. The public and
Government would incur a lower cost
associated with this final rule; however,
the benefits of an increased Registry
outweigh the incremental costs. As a
result, GSA rejected this alternative.
Alternative 3: GSA could create its
own standards in addition to the policy
direction of E.O. 13985 to commission
works of art. However, this alternative
would possibly produce a burden to the
Government and the community due to
regulatory requirements. It is assumed
the costs associated with this alternative
would result in a greater incremental
cost to the public and Government than
what is deemed necessary by GSA to
issue this final rule. As a result, GSA
rejected this alternative.
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VI. Administrative Procedure Act
This rulemaking is exempt from the
advance notice-and-comment and
delayed-effective-date requirements of
the Administrative Procedure Act
pursuant to 5 U.S.C. 553(a)(2), because
this rulemaking relates to agency
management or personnel or to public
property, loans, grants, benefits, or
contracts. This rulemaking relates to
GSA’s agency management because it
only involves the internal processes of
the Art in Architecture program, which
applies only to GSA or Federal agencies
acting under a delegation of authority
from GSA. This rulemaking also relates
to public property because it applies to
federally owned facilities under the
jurisdiction, custody and control of GSA
and the work of art itself is governmentowned.
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VII. Request for Public Comment
In addition to the changes discussed
with this final rule, GSA requests
comment on the following questions to
better understand how the Art in
Architecture program can promote the
goals articulated in E.O. 13985, as well
as promoting civic engagement and
participation and democratic values,
and advancing social ties and economic
development at the community level.
GSA is asking for public input on
what steps the GSA Art in Architecture
program can take that the agency is not
already taking to:
• Consider the interests and
perspectives of and proactively engage
underserved communities during the
commissioning process for a work of
art?
• Increase the number and diversity
of artists who are considered and
shortlisted when commissioning a work
of art?
• Understand the local community so
that its interests and diversity can be
taken into account in the
commissioning process for a work of
art?
• Quantify the benefits from
increased diversity and equity of the
artists considered for the Art in
Architecture program?
• Enable the commissioned work of
art to be accessed by all members of the
community?
• Conduct outreach efforts to identify
artists who are veterans, who are small
or disadvantaged business owners, or
who have a disability to encourage them
to join the Registry?
• Strengthen public participation
engagement of the local community in
the commissioning process for a work of
art?
• Define ‘‘community’’ for the
purpose of reflecting the people and
cultural aspects of a place in the
commissioned art?
• Ensure that the commission reflects
the community in which it will be
located?
• Modify the information collected in
the Registry beyond what is discussed
in this rule to enable GSA to measure
how the program aligns with the
priorities of equity and inclusion of
underserved communities?
• Actively promote the Registry to
remove barriers for the widest possible
spectrum of eligible artists (i.e., U.S.
citizens and lawful permanent
residents) to learn about and join the
Registry and be considered for
commissions?
• Create more learning and
professional opportunities for emerging
artists through commissions or other
steps?
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• Take advantage of the expertise and
capacities of other Federal agencies,
including the National Endowment for
the Arts, and State and local arts
agencies in implementing the Art in
Architecture program?
• Ensure the Art in Architecture
program advances democratic values
and strengthens the experience of
democracy and inclusion in America?
To understand the exact scope of the
impact of this final rule and the effect
of this impact, GSA welcomes input on
the following assumptions and
questions regarding the anticipated
impact on affected parties.
D Assumption 1: GSA estimates that
this final rule will not impact the
commissioning of works of art. If this
assumption is not correct, are there
artists to which this rule will cause
significant impact or disruption?
D Assumption 2: The impact of this
rule will not significantly change the
way GSA interacts with the Registry. If
this assumption is not correct, to what
extent will this final rule, specifically
the revised elements of part 102–77 of
the FMR, change how GSA interacts
with the Registry?
VIII. 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 final rule is a significant
regulatory action and, therefore, was
subject to review under subsection 6(b)
of E.O. 12866, ‘‘Regulatory Planning and
Review,’’ dated September 30, 1993.
IX. Congressional Review Act
This final rule is not a major rule
under 5 U.S.C. 804(2). Subtitle E of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5
U.S.C. 801–808), also known as the
Congressional Review Act or CRA,
generally provides that before a 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 under the
CRA cannot take effect until 60 days
after it is published in the Federal
Register. The OMB Office of
Information and Regulatory Affairs has
determined that this final rule is not a
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‘‘major rule’’ as defined by 5 U.S.C.
804(2).
architectural or environmental art, timebased media, and works on paper.
artists representing a wide variety of
types of visual art.
X. Regulatory Flexibility Act
Policy
[FR Doc. 2022–02158 Filed 1–31–22; 8:45 am]
This final rule will not 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 it applies to agency
management or personnel.
§ 102–77.15 What basic Art in Architecture
policy governs Federal agencies?
BILLING CODE 6820–14–P
List of Subjects in 41 CFR Part 102–77
Federal buildings and facilities,
Government property management,
Rates and fares.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the
Preamble, GSA hereby revises 41 CFR
part 102–77 to read as follows:
■
§ 102–77.20 Who funds the Art in
Architecture efforts?
Subpart A—General Provisions
Sec.
Scope
102–77.5
What is the scope of this part?
Definition
102–77.10
part?
What definition applies to this
Policy
102–77.15 What basic Art in Architecture
policy governs Federal agencies?
Subpart B—Art in Architecture
102–77.20 Who funds the Art in
Architecture efforts?
102–77.25 With whom should Federal
agencies collaborate when
commissioning visual art for Federal
buildings?
102–77.30 Do Federal agencies have
responsibilities to provide national,
regional, and local visibility for Art in
Architecture?
Authority: 40 U.S.C. 121 and 3306.
Subpart A—General Provisions
Scope
§ 102–77.5
What is the scope of this part?
The real property policies contained
in this part apply to Federal agencies,
including GSA’s Public Buildings
Service, operating under, or subject to,
the authorities of the Administrator of
General Services.
Definition
§ 102–77.10
part?
What definition applies to this
Visual art means works, including,
but not limited to, painting, sculpture,
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Federal agencies must incorporate
visual art as an integral part of the total
building concept when designing new
Federal buildings and when making
substantial repairs and alterations to
existing Federal buildings, as
appropriate. The commissioned art must
reflect the national, regional, or local
cultural heritages, or any combination of
the foregoing, within the United States,
and emphasize the work of living
American artists, including those in
underserved communities.
Subpart B—Art in Architecture
PART 102–77—ART IN
ARCHITECTURE
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5717
To the extent not prohibited by law,
Federal agencies must fund the Art in
Architecture efforts by allocating a
portion of the estimated cost of
constructing or purchasing new Federal
buildings or of completing major repairs
and alterations of existing buildings.
Funding for qualifying projects,
including new construction, building
acquisitions, and prospectus-level
repairs and alterations, must be in a
range determined by the Administrator
of General Services.
§ 102–77.25 With whom should Federal
agencies collaborate when commissioning
visual art for Federal buildings?
To the maximum extent practicable,
Federal agencies should seek the
support and involvement of local
citizens in commissioning a work of
visual art. Federal agencies should
collaborate with the chosen artist to
commission works of visual art that
reflect the cultural, intellectual, and
historic interests and values of the
community in which the art is to be
located. In addition, Federal agencies
should work collaboratively with the
architect of the building and art
professionals in commissioning visual
art for Federal buildings. Federal
agencies should commission a work of
visual art that is diverse in style and
media and no official style or media are
mandated.
§ 102–77.30 Do Federal agencies have
responsibilities to provide national,
regional, and local visibility for Art in
Architecture?
Yes. Federal agencies should provide
Art in Architecture that receives
appropriate national, regional, and local
visibility to encourage participation by
a large, diverse, and equitable group of
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
48 CFR Parts 332 and 352
RIN 0991–AC32
Department of Health and Human
Services Acquisition Regulation—
Electronic Submission and Processing
of Payment Requests
Office of the Secretary,
Department of Health and Human
Services.
ACTION: Final rule.
AGENCY:
The Department of Health and
Human Services (HHS or the
Department) finalizes its proposed
regulation amending the Department’s
Federal Acquisition Regulation
Supplement, the HHS Acquisition
Regulation (HHSAR), to support the
HHS Electronic Invoicing
Implementation Project and HHS’s
transition to the Department of the
Treasury’s Invoice Processing Platform.
This complies with Office of
Management and Budget (OMB)
memorandum M–15–19, Improving
Government Efficiency and Saving
Taxpayer Dollars Through Electronic
Invoicing, issued on July 17, 2015.
DATES: This final rule is effective
February 2, 2022.
FOR FURTHER INFORMATION CONTACT:
Shari Shor, Procurement Analyst,
Department of Health and Human
Services, Office of the Assistant
Secretary for Financial Resources, Office
of Acquisition Policy, 200
Independence Avenue SW, Washington,
DC 20201. Email: Shari.Shor@hhs.gov.
Telephone: (202) 731–3383.
SUMMARY:
I. Provisions of the Proposed Rule and
Analysis of and Response to Public
Comments
In the October 14, 2021 Federal
Register (86 FR 57102), HHS published
a proposed rule titled ‘‘Department of
Health and Human Services Acquisition
Regulation—Electronic Submission and
Processing of Payment Requests’’. In
response to the publication of that
proposed rule, HHS received 2
comments from members of the public.
In the following sections of this final
rule, HHS includes a summary of the
provisions of the October 14, 2021
proposed rule, the public comments
received, HHS’s responses to the
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Agencies
[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5711-5717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02158]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-77
[FMR Case 2021-02; Docket No. GSA-FMR-2021-0024, Sequence No. 1]
RIN 3090-AK47
Federal Management Regulation; Art in Architecture
AGENCIES: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule with 60-day comment period.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule amending the Federal Management
Regulation (FMR) to update certain provisions of the Art in
Architecture program. These revisions clarify the policies to collect,
manage, fund, and commission visual art in Federal buildings. The rule
updates policies consistent with the requirements of the Executive
Order (E.O.) issued May 14, 2021, titled ``Revocation of Certain
Presidential Actions and Technical Amendment.'' The rule also supports
the goals of the E.O. issued January 20, 2021, titled ``Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government.''
DATES:
Effective date: January 31, 2022.
Comments due date: Please submit comments by the method listed in
the ADDRESSES section by April 4, 2022 for consideration in future
rulemaking.
ADDRESSES: Submit comments in response to FMR Case 2021-02 to:
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``FMR Case 2021-02.''
Select the link ``Comment Now'' that corresponds with FMR Case 2021-02.
Follow the instructions provided at the ``Comment Now'' screen. Please
include your name, company name (if any), and ``FMR Case 2021-02'' on
your attached document. If your comment cannot be submitted using
https://www.regulations.gov, call or email the points of contact in the
FOR FURTHER INFORMATION CONTACT section of this document for
alternative instructions.
Instructions: Please submit comments only and cite FMR Case 2021-02
in all correspondence related to this case. Comments received generally
will be posted without change to https://www.regulations.gov, including
any personal or business confidential information, or both, provided.
To confirm receipt of your comment(s), please check www.regulations.gov
approximately two to three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Chris Coneeney, Director, Real Property Policy Division, Office of
Government-wide Policy, at 202-208-2956 or [email protected]. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755 or [email protected].
Please cite FMR Case 2021-02.
SUPPLEMENTARY INFORMATION:
I. History of the Program
Art in U.S. public buildings has a long history, beginning in the
1850s in the U.S. Custom House in New Orleans and continuing at the
U.S. Capitol and through the Beaux-Arts era when courthouses and custom
houses throughout the Nation were embellished with works of art. In the
1930s, the Great Depression saw the creation of relief programs of the
New Deal, including four art programs: The Public Works of Art, which
employed artists to create artworks; the Section of Fine Arts (the
Section), a Treasury Department effort that awarded commissions to
artists through competitions to secure the best quality artwork for
installation in public buildings, including Federal buildings,
courthouses and post offices;
[[Page 5712]]
the Treasury Relief Art Project, which employed artists to create
paintings and sculptures for existing Federal buildings; and the
largest of the programs in scope and numbers of artists employed, the
Works Progress Administration, which included the Federal Art Project
(FAP). From 1935 to 1943, thousands of artists created over 200,000
works of art, and under the FAP, these artworks were distributed to
State and municipal facilities. The New Deal art programs brought art
into everyday life in places like post offices, schools, hospitals, and
libraries, and showed the importance of art in a democracy. They also
built up the public art collection in the U.S. and set the stage for
Federal arts funding. The Section also instituted the influential
percent-for-art policy idea: 1% of the total building construction cost
would be set aside for the building's embellishment. In 1963, GSA
started the Fine Arts in New Federal Buildings program, a percent-for-
art policy that in 1972 became the Art in Architecture program. This
has become a model for many State and municipal community art programs.
These artworks enhance the civic meaning of Federal architecture and
showcase the vibrancy of American visual arts. Together, the art and
architecture of Federal buildings create a lasting cultural legacy. The
activities of the Art in Architecture program addressed in this
regulation apply only to federally owned facilities under the
jurisdiction, custody and control of GSA. New art commissions are
included in capital projects authorized by Congress for the
construction or major modernization of a building by GSA. Other
agencies, such as the U.S. Department of State, operate art programs
under separate authorities.
Art programs in Federal buildings not only create a better
environment for conducting Government business, they offer a space to
represent equitably the diversity of the Nation and to support the arts
in communities that have Federal buildings. In accordance with E.O.
13985, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government,'' issued January 20, 2021,
all agencies are directed to ``promote [. . .] equitable
opportunities'' for access to programs and services. Previous
definitions of acceptable art styles limited participation in Art in
Architecture programs, and thus art projects in the past did not
necessarily reflect the diversity of the communities in which they were
located. Increasing equitable access for artists of different
backgrounds and art styles to participate in these programs is a
priority for achieving the goals of E.O. 13985.
II. Current Program and Discussion of Proposed Changes With This Final
Rule
GSA reserves one-half of one percent of the estimated construction
cost of each new Federal building and selects new prospectus-level
modernization or repair and alteration projects to commission project
artists. Artist candidates for Art in Architecture commissions are most
often identified from GSA's National Artist Registry (Registry), which
is a database of artists who have previously submitted digital images
of their past portfolio work. Artists may also be identified through
other sources, such as from posted solicitations for active
procurements. There is no fee to join the Registry, which currently has
approximately 1,700 artists and is open to all artists who are U.S.
citizens or lawful permanent residents. Instructions for joining the
Registry can be found at https://www.gsa.gov/cdnstatic/National_Artist_Registry_Instructions_MAR_2016.pdf and requires the
submission of GSA Form 7437, a resume, images of completed artwork, and
a script identifying the images.
During building construction, a panel of seven, composed of a GSA
art peer from the GSA Commissioner of Public Buildings' National
Register of Peer Professionals (distinguished private-sector design and
art professionals appointed by the Commissioner of Public Buildings to
critique concept designs under development), an art professional from
the city or geographic region of the building project, a representative
of the building project's primary Federal occupant agency, a community
representative, the project's lead design architect, and two GSA
representatives, one representing the Public Buildings Service (PBS)
Regional Commissioner and the other the Art in Architecture program
office, is convened.
The panel meets to discuss opportunities for artists to participate
in the building project. Artists who receive Federal commissions work
with the project architects and others as members of a design team are
invited to participate to ensure that the artworks are meaningfully
integrated into the overall project. GSA's current procedures for this
program can be found at https://www.gsa.gov/cdnstatic/FINAL%20FOR%20ISSUANCE%20081720%20-%20GSA%20ART%20IN%20ARCHITECTURE%20POLICIES%20AND%20PROCEDURES%20-%20Copy.pdf. These procedures will be updated upon issuance of the
final rule. The artist selection board is also referenced in the
General Services Acquisition Manual (GSAM) section 536.7003-2,
available at https://www.acquisition.gov/content/part-536-construction-and-architect-engineer-contracts#GSAM_536-7003-2.
GSA maintains a public website showing the installed artwork
commissioned by the Art in Architecture program, which is available at
https://www.gsa.gov/fine-arts#/gallery/439.
GSA's intent to modify PBS policies in the final rule will allow
the removal of the currently restrictive requirement to prioritize the
commissioning of monuments portraying historically significant
Americans, significant events in American history or illustrating the
ideals upon which the Nation was founded with preference for a
realistic style, while soliciting comments to increase civic engagement
and enhance the diversity and equity of the Art in Architecture
program.
GSA recognizes this program is perhaps not as well known among
various communities of artists and, with the publication of this rule,
will be partnering with other Federal agencies to highlight the program
across communities whose artists have not typically been represented in
the Registry. With the publication of this rule, GSA is encouraging
artists to apply to the Registry.
Once an artist is chosen to commission a work of art under the
procedures in GSAM section 536.70 (available at https://www.acquisition.gov/content/part-536-construction-and-architect-engineer-contracts#id201HD50D01N), the artist must register in the
System for Acquisition Management at https://www.SAM.gov in accordance
with Federal Acquisition Regulation (FAR) section 52.204-7 (available
at https://www.acquisition.gov/far/part-52#FAR_52_204_7).
III. Discussion of the Final Rule
The elements GSA proposes to rescind are described in detail below
together with the policy explanation in each instance. Section 1 of
E.O. 14029, ``Revocation of Certain Presidential Actions and Technical
Amendment,'' \1\ revoked E.O. 13934, ``Building and Rebuilding
Monuments to American Heroes.'' \2\ Section 2 directed GSA to
[[Page 5713]]
consider rescinding any orders, rules, regulations, guidelines, or
policies, or portions thereof, implementing or enforcing E.O. 13934.
Id.
---------------------------------------------------------------------------
\1\ 86 FR 27025 (May 19, 2021), https://www.federalregister.gov/documents/2021/05/19/2021-10691/revocation-of-certain-presidential-actions-and-technical-amendment.
\2\ 85 FR 41165 (July 8, 2020), https://www.federalregister.gov/documents/2020/07/08/2020-14872/building-and-rebuilding-monuments-to-american-heroes.
---------------------------------------------------------------------------
To implement E.O. 13934, GSA issued a final rule on September 25,
2020.\3\ GSA has now made a determination, consistent with E.O. 14029,
to revoke the regulatory amendments that implemented subsections 4(c),
(d) and (e) of E.O. 13934 and restore the policies that were previously
contained in part 102-77 of the FMR.\4\
---------------------------------------------------------------------------
\3\ 85 FR 60383 (Sept. 25, 2020), https://www.federalregister.gov/documents/2020/09/25/2020-20453/federal-management-regulation-fmr-art-in-architecture.
\4\ 70 FR 67786 (Nov. 8, 2005), https://www.federalregister.gov/documents/2005/11/08/05-21644/federal-management-regulation-real-property-policies-update.
---------------------------------------------------------------------------
Subsection 4(c) of E.O. 13934 directed GSA, to the extent
appropriate and consistent with applicable law, to prioritize projects
resulting in the installation of a publicly accessible statue of
historically significant Americans in communities where a statue
depicting a historically significant American was removed or destroyed
in 2020.
Subsection 4(d) of E.O. 13934 required GSA, in consultation with
the Interagency Task Force for Building and Rebuilding Monuments to
American Heroes, to revise its Art in Architecture program regulations
to prioritize the commission of works of art that portray historically
significant Americans or events of American historical significance or
illustrate the ideals upon which our Nation was founded. Priority
should be given to public-facing monuments to former Presidents of the
United States and to individuals and events relating to the discovery
of America, the founding of the United States, and the abolition of
slavery. Such works of art should be designed to be appreciated by the
general public and by those who use and interact with Federal
buildings.
Subsection 4(e) of E.O. 13934 further required, ``When a statue or
work of art commissioned pursuant to this section is meant to depict a
historically significant American, the statue or work of art shall be a
lifelike or realistic representation of that person, not an abstract or
modernist representation.''
GSA Art in Architecture policy documents outline the specific
process by which the Federal Government commissions a work of art for a
Federal building. These policy documents detail when an artwork is
commissioned, the makeup of the panel that will recommend and review
artist candidates, how artists can participate in the program, the
criteria for evaluating candidates, and the artist's development of an
art concept.
With this rule, Sec. Sec. 102-77.21, 102-77.22, and 102-77.23 are
removed in their entirety to comply with the direction in E.O. 14029 to
consider revoking regulations that implemented the provisions of E.O.
13934. The title of part 102-77 remains as ``Art in Architecture''
instead of ``Art-in-Architecture.'' GSA has not used the hyphens when
referring to this program for more than 15 years, including in
publications, online and in correspondence. The change reflects this
usage.
GSA is also updating the definitions to be more inclusive of
different visual arts styles and removing references to ``fine arts,''
which may be interpreted by some to exclude certain styles and mediums
of art and, therefore, many artists from consideration for commission.
The broader definition of ``visual arts'' better reflects current
practice in the arts community and supports the goals of E.O. 13985.
IV. Paperwork Reduction Act and Changes Proposed to the National Artist
Registry
The Paperwork Reduction Act (44 U.S.C. 3501-3521) applies to this
final rule.
The Office of Management and Budget (OMB) Control Number 9000-0159,
``Information Collection; Central Contractor Registration,'' supports
FAR Clause 52.204-7, which requires an artist to register in the System
for Award Management once they are selected and awarded a contract. GSA
does not believe any revisions are needed to this information
collection.
GSA requested, and OMB has approved, revisions to OMB Control
Number 3090-0274, ``Art in Architecture Program National Artist
Registry,'' which supports the GSA Form 7437 used for additions to the
Registry. GSA believes these revisions to the form and the information
collection are needed to support the goals of E.O. 13895.
The annual public reporting burden for this collection of
information through OMB Control Number 3090-0274, ``Art in Architecture
Program National Artist Registry'' (GSA Form 7437), is estimated based
on the time for reviewing and completing the collection of information.
GSA is planning to conduct an outreach program to promote the Art in
Architecture program and the Registry. This is expected to increase the
number of annual responses.
Assumptions for reporting burden:
GSA estimates 850 responses in the first year of reporting
based on half of the current Registry population.
0.25 hours per response is estimated by the current time
to submit artist information to the Registry. The changes to the form
include additions and removals with the net result being no increase in
time to complete the form.
GSA estimates 300 responses per year in the annual updates
as estimated by the current annual responses.
The reporting burden for the first year is estimated as follows:
1. Initial Disclosure based on increased outreach by GSA to the
artist community
Estimated responses: 850.
Estimated hours per response: 0.25.
Total Initial Response Burden Hours: 212.5.
2. Annual Updates (years two and three)
Estimated annual responses: 300.
Estimated hours per response: 0.25.
Total Update Response Burden Hours: 75.
Public comments are particularly invited on: Whether this
collection of information is necessary; whether it will have practical
utility; whether our estimate of the public burden of this collection
of information is accurate, and based on valid assumptions and
methodology; ways to enhance the quality, utility and clarity of the
information to be collected; and ways in which we can minimize the
burden of the collection of information on those who are to respond
through the use of appropriate technological collection techniques or
other forms of information technology.
V. Expected Impact of This Final Rule
This final rule revokes the regulatory amendments that implemented
subsections 4(c), (d) and (e) of E.O. 13934 and restores policies that
were previously contained in part 102-77 of the FMR. Accordingly, the
only impact from the revocation of E.O. 13934 as effectuated by this
final rule is the expansion of the styles of artwork under
consideration for commissions within the Art in Architecture program.
There are no other changes to the policies surrounding the
consideration of artists. The number of new construction and
prospectus-level renovation projects requiring an Art in Architecture
commission per year depends on the number of prospectus-level new
construction and major repairs and alterations projects approved by
[[Page 5714]]
Congress. The number of commissions and their value was not affected by
the implementation of the prior rule nor is it expected to be impacted
by this final rule. Historical averages denote an annual rate of 5 Art
in Architecture projects per year with an average cost of $482,335 per
project.
A. Costs to the Public for Art in Architecture Panels
The only substantive change in procedures due to this final rule is
the consideration of all styles of artwork for commissioning. GSA
analyzed the associated costs of the prior rule and this final rule and
determined there is no additional cost to the public for the operation
and composition of members for the Art in Architecture panels. For the
model for both the prior rule and this final rule, GSA assumes two
small businesses and two large businesses will continue to be members
of the panel. For the model, GSA used the lead designer and the art
peer remaining as the large businesses and the community representative
and the community art representatives as the small businesses. These
assumptions were validated by Art in Architecture staff's review of the
composition of previous panels.
GSA calculated the total estimated cost for the lead designer,
assuming an average hourly rate of $127.69 for a senior principal
architect, for this part of the rule to be $10,215 (= 16 hours x
$127.69 x 5) each year.
GSA calculated the total estimated cost for the art peer, assuming
an average hourly rate of $55.30, for this part of the rule to be
$1,106 (= 4 hours x $55.30 x 5) each year.
GSA calculated the total estimated cost for the community
representative, assuming an average hourly rate of $68.13, for this
part of the rule to be $1,363 (= 4 hours x $68.13 x 5) each year.
GSA calculated the total estimated cost for the community art
representative, assuming an average hourly rate of $55.30, for this
part of the rule to be $1,106 (= 4 hours x $55.30 x 5) each year.
The cost to the public for the Art in Architecture panels remains
the same from the prior rule and this final rule.
B. Public Costs for the Submission of Artist Applications Containing
Their Demographic Information to the National Artist Registry
To align with the Administration's policies and directives, artists
within the Registry will be able to submit their demographic
information through the Art in Architecture website. The provision of
this additional information is optional and will be used to report on
the demographic make-up of participants and their reflection to the
Nation as a whole. Artists will also be able to indicate their status
as a U.S. citizen and, in a change to the form, a lawful permanent
resident. The section on media has been updated to reflect current art
practice and specifications on materials have been eliminated. GSA
estimated the burden to the current artists to be $11,807 (= 0.25 hours
x $27.78 x 1,700) in the second year. GSA estimated the hourly rate of
$27.78 for the artists by using the Bureau of Labor Statistics December
2021 average hourly earnings for other services.\5\
---------------------------------------------------------------------------
\5\ https://www.bls.gov/news.release/empsit.t19.htm.
---------------------------------------------------------------------------
To support the Administration's policies and directives, new
artists will submit their information, including key demographic data
points, through the Art in Architecture website. GSA estimated the
burden to the new artists to be $5,903 (= 0.25 hours x $27.78 x 850) in
the second year. GSA estimated the hourly rate of $27.78 for the
artists by using the Bureau of Labor Statistics December 2021 average
hourly earnings for other services.\6\ GSA estimates the number of
submissions will increase by 35% due to the Administration's efforts to
heighten awareness of the Registry and motivate artists to register.
This will help future assessments of the relationship between U.S.
demographic trends and the composition of artists within the Registry.
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
GSA calculated the estimated number of annual submissions under the
prior rule by applying the ratio of estimated annual submissions
against the Registry's current population to the number of artists
estimated by GSA to be able to be considered for a commission under the
prior rule. GSA estimated 31 artists on an annual basis would have
submitted information in year 2 of the analysis. Therefore, GSA
calculated this cost to be $215 (= 0.25 hours x $27.87 x 31). This
final rule results in an incremental cost of $5,688 in year 2 to the
public.
To support the Administration's policies and directives, new
artists will submit their information, including key demographic data
points, through the Art in Architecture website. GSA estimated the
burden to the new artists to be $2,084 (= 0.25 hours x $27.78 x 300) in
years 3-10. GSA estimated the hourly rate of $27.78 for the artists by
using the Bureau of Labor Statistics December 2021 average hourly
earnings for other services.\7\ GSA estimates the number of submissions
will increase due to the Administration's efforts to heighten awareness
of the Registry and motivate artists to register. This will help future
assessments of the relationship between U.S. demographic trends and the
composition of artists within the Registry.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
GSA calculated the estimated number of annual submissions under the
prior rule by applying the ratio of estimated annual submissions
against the Registry's current population to the number of artists
estimated by GSA to be able to be considered for a commission under the
prior rule. GSA estimated 31 artists on an annual basis would have
submitted information in years 3-10 of the analysis. Therefore, GSA
calculated this cost to be $215 (= 0.25 hours x $27.87 x 31). This
final rule results in an incremental cost of $1,869 per year in years
3-10 to the public.
The following is a summary of the estimated costs to the public
calculated within a 10-year time horizon at a 3 and 7 percent discount
rate, respectively:
------------------------------------------------------------------------
Summary Total costs
------------------------------------------------------------------------
Present Value (3 percent)............................... $28,857
Annualized Costs (3 percent)............................ 2,833
Present Value (7 percent)............................... 25,028
Annualized Costs (7 percent)............................ 2,374
------------------------------------------------------------------------
C. Government Costs
Below is a list of activities related to regulatory familiarization
that GSA anticipates will occur.
1. Award of Art in Architecture Commissions
As noted above, GSA gathered details of its Art in Architecture
projects over the past five years. It was determined an average of 5
projects per year occur with an average cost of $482,335 per project.
Therefore, GSA calculated the total estimated cost for this part of the
rule to be $2,411,675 (= 5 x $482,335) each year. However, the
difference in estimated cost between the prior rule and this final rule
is negligible since these commissions were scheduled to be awarded
under the prior rule, but to fewer potential artists. This final rule
does not change the amount of funding allocated for each project, the
number of commissions or the cost of projects and commissions.
2. Workforce Training
GSA calculates it will take one hour in the first year to review
and train the workforce on the requirements of this final rule. GSA
estimates this cost by multiplying the time required to train the
workforce (Art in Architecture staff estimated their workforce to be 18
[[Page 5715]]
individuals) by the estimated compensation, on average, of a GS-13.
Therefore, GSA calculated the total estimated cost for this part of the
rule to be $1,227 (= 1 hour x $68.18 x 18).
GSA calculates it will take eight hours in the first year to create
material to train the workforce on the requirements of this final rule.
GSA estimates this cost by multiplying the time required to develop the
material by the estimated compensation, on average, of a GS-14.
Therefore, GSA calculated the total estimated cost for this part of the
rule to be $644 (= 8 hours x $80.56 x 1).
3. Procedures
For each commissioned work of art, a panel composed of art
professionals, civic and community representatives, the project's lead
design architect, GSA staff, and Federal occupant agency
representatives will meet to discuss opportunities for artists to
participate in the building project.
GSA calculated the total estimated cost for the Art in Architecture
staff to meet the requirements of this final rule for this part of the
rule to be $128,896 (= 5 x $80.56 x 320 hours) each year. GSA estimates
this cost by multiplying the number of projects by the number of hours
per project by the estimated compensation, on average, of a GS-14.
GSA calculated the total estimated cost for regional staff to meet
the requirements of this final rule for this part of the rule to be
$34,090 (= 5 x $68.18 x 100 hours) each year. GSA estimates this cost
by multiplying the number of projects by the number of hours per
project by the estimated compensation, on average, of a GS-13.
GSA calculated the total estimated cost for the United States
District Court judges to meet the requirements of this final rule for
this part of the rule to be $4,582 (= 2 x $143.20 x 16 hours) each
year. GSA estimates this cost by multiplying the number of projects by
the number of hours per project by the estimated compensation, on
average, of a U.S. District Court judge.
GSA calculated the total estimated cost for the Federal agency
representative to meet the requirements of this final rule for this
part of the rule to be $2,578 (= 2 x $80.56 x 16 hours) each year. GSA
estimates this cost by multiplying the number of projects by the number
of hours per project by the estimated compensation, on average, of a
GS-14.
GSA calculated the total estimated cost for the Federal occupant
agency representative to meet the requirements of this final rule for
this part of the rule to be $1,516 (= 1 x $94.76 x 16 hours) each year.
GSA estimates this cost by multiplying the number of projects by the
number of hours per project by the estimated compensation, on average,
of a GS-15.
GSA calculated the total estimated cost for GSA staff to review
demographic information submitted to the Registry on an annual basis to
be $1,150,542 (=2,550 \8\ x $68.18 x .5 hours) for years 2-10 for the
analysis. GSA estimated the data to be reviewed by a GS-13 based on
historical GSA staff responsibilities.
---------------------------------------------------------------------------
\8\ It is assumed the artist pool will increase by 300 artists
each year, with the Registry starting with an estimated 2,550
artists in year two.
---------------------------------------------------------------------------
GSA calculated the total estimated cost for GSA staff to compile a
report of the submitted and reviewed demographic information from the
Registry on an annual basis to be $80.56 (= 1 x $80.56 x 1 hour) each
year. GSA estimated the report to be compiled by a GS-14, as the staff
member issuing the report would be a senior staff member based on
historical GSA staff responsibilities.
GSA calculated the total estimated cost for GSA staff to review
available technologies to help automate data collection and production
of artist demographics to be $4,131 (= 1 x $57.33 x 8 hours). GSA
estimated the review will be completed by a GS-12 based on historical
GSA staff responsibilities.
The estimated incremental effect of the change contemplated by this
final rule is that the number of artists being considered would
increase in year one from approximately 200 artists whose art would
realistically depict a historically significant American to 2,550
artists, with incremental increases averaging 300 artists per year in
the subsequent years. This effect results in an incremental cost for
the government to receive and process additional submissions to the
Registry. GSA compared the estimated incremental effects and costs of
this final rule against the estimated costs of the prior rule over a
10-year analysis and determined this final rule would increase costs to
the Federal Government by $995,225.\9\
---------------------------------------------------------------------------
\9\ Total costs calculated by GSA
---------------------------------------------------------------------------
D. Government Total Costs
It is assumed the government incurs a cost savings only in the
first year after publication totaling $14,044.\10\ This estimated cost
savings is generated by a reduction of time spent on policies and
procedures by Art in Architecture staff and Regional Fine Arts Officers
in the first year due to the implementation of this final rule. Due to
the expanded data collection within the Registry and review of
collected data in years 2-10, the government does not estimate to incur
a cost savings in any year after the first year. Each year after the
first year of publication, the annual cost to the government is assumed
to be $112,141.\11\ The following is a summary of the estimated costs
calculated for a 10-year time horizon at a 3 and 7 percent discount
rate, respectively:
---------------------------------------------------------------------------
\10\ Id.
\11\ Id.
------------------------------------------------------------------------
Summary Total costs
------------------------------------------------------------------------
Present Value (3 percent)............................... $818,859
Annualized Costs (3 percent)............................ 80,394
Present Value (7 percent)............................... 641,787
Annualized Costs (7 percent)............................ 60,887
------------------------------------------------------------------------
E. Benefits
Art is a vital tool for civic engagement and participation,
building social capital and encouraging civil discourse. It can be a
critical investment in placemaking that engenders community pride and
enables community development. Due to the prior rule's more restrictive
requirements in terms of content and style of art to depict a person or
event of historical significance realistically, only 201 artists met
these requirements. With this final rule, the pool of artists will
expand to all 1,700 members of the Registry regardless of style or
medium used. The removal of the content and style requirements
increases the opportunity for all artists to participate in the program
and be considered for commissions. With GSA's additional outreach,
which will begin with publication of this rule, GSA believes the number
of artists within the Registry will grow each year, thereby furthering
GSA's ability to select a style of art representative of the community
in which it will be commissioned.
Therefore, this final rule will align the Registry and the Art in
Architecture program with the goals of E.O. 13985. It will increase
GSA's ability to connect with local communities and reflect the values,
culture and composition of an area in the commissioned art. It will
also allow for a potential expansion of professional opportunities for
a more diverse set of artists, if their work is chosen.
F. Overall Total Additional Costs of This Final Rule
The overall total additional undiscounted cost of this final rule
is estimated to be $1,027,672 over a ten-year period including the
estimated cost savings in the first year.
[[Page 5716]]
Analysis of Alternatives
The preferred alternative is the process laid out in the analysis
above. However, GSA has analyzed three alternatives to the preferred
process.
Alternative 1: GSA could decide to take no regulatory action. No
action from the government would lead to fewer artists and artistic
styles considered for a commission and would be inconsistent with the
President's direction to agencies in E.O. 13985. The public and
Government would not incur the additional costs associated with this
final rule; however, the benefits of an increased Registry outweigh the
incremental costs. As a result, GSA rejected this alternative.
Alternative 2: GSA could take limited regulatory action based on
the policy direction of E.O. 13985. However, this alternative would
limit GSA's ability to select any medium of art and would limit the
expected impact to communities and public buildings, which would not
fully be consistent with the President's direction to agencies in
E.O.13985. The public and Government would incur a lower cost
associated with this final rule; however, the benefits of an increased
Registry outweigh the incremental costs. As a result, GSA rejected this
alternative.
Alternative 3: GSA could create its own standards in addition to
the policy direction of E.O. 13985 to commission works of art. However,
this alternative would possibly produce a burden to the Government and
the community due to regulatory requirements. It is assumed the costs
associated with this alternative would result in a greater incremental
cost to the public and Government than what is deemed necessary by GSA
to issue this final rule. As a result, GSA rejected this alternative.
VI. Administrative Procedure Act
This rulemaking is exempt from the advance notice-and-comment and
delayed-effective-date requirements of the Administrative Procedure Act
pursuant to 5 U.S.C. 553(a)(2), because this rulemaking relates to
agency management or personnel or to public property, loans, grants,
benefits, or contracts. This rulemaking relates to GSA's agency
management because it only involves the internal processes of the Art
in Architecture program, which applies only to GSA or Federal agencies
acting under a delegation of authority from GSA. This rulemaking also
relates to public property because it applies to federally owned
facilities under the jurisdiction, custody and control of GSA and the
work of art itself is government-owned.
VII. Request for Public Comment
In addition to the changes discussed with this final rule, GSA
requests comment on the following questions to better understand how
the Art in Architecture program can promote the goals articulated in
E.O. 13985, as well as promoting civic engagement and participation and
democratic values, and advancing social ties and economic development
at the community level.
GSA is asking for public input on what steps the GSA Art in
Architecture program can take that the agency is not already taking to:
Consider the interests and perspectives of and proactively
engage underserved communities during the commissioning process for a
work of art?
Increase the number and diversity of artists who are
considered and shortlisted when commissioning a work of art?
Understand the local community so that its interests and
diversity can be taken into account in the commissioning process for a
work of art?
Quantify the benefits from increased diversity and equity
of the artists considered for the Art in Architecture program?
Enable the commissioned work of art to be accessed by all
members of the community?
Conduct outreach efforts to identify artists who are
veterans, who are small or disadvantaged business owners, or who have a
disability to encourage them to join the Registry?
Strengthen public participation engagement of the local
community in the commissioning process for a work of art?
Define ``community'' for the purpose of reflecting the
people and cultural aspects of a place in the commissioned art?
Ensure that the commission reflects the community in which
it will be located?
Modify the information collected in the Registry beyond
what is discussed in this rule to enable GSA to measure how the program
aligns with the priorities of equity and inclusion of underserved
communities?
Actively promote the Registry to remove barriers for the
widest possible spectrum of eligible artists (i.e., U.S. citizens and
lawful permanent residents) to learn about and join the Registry and be
considered for commissions?
Create more learning and professional opportunities for
emerging artists through commissions or other steps?
Take advantage of the expertise and capacities of other
Federal agencies, including the National Endowment for the Arts, and
State and local arts agencies in implementing the Art in Architecture
program?
Ensure the Art in Architecture program advances democratic
values and strengthens the experience of democracy and inclusion in
America?
To understand the exact scope of the impact of this final rule and
the effect of this impact, GSA welcomes input on the following
assumptions and questions regarding the anticipated impact on affected
parties.
[ssquf] Assumption 1: GSA estimates that this final rule will not
impact the commissioning of works of art. If this assumption is not
correct, are there artists to which this rule will cause significant
impact or disruption?
[ssquf] Assumption 2: The impact of this rule will not
significantly change the way GSA interacts with the Registry. If this
assumption is not correct, to what extent will this final rule,
specifically the revised elements of part 102-77 of the FMR, change how
GSA interacts with the Registry?
VIII. 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 final rule is
a significant regulatory action and, therefore, was subject to review
under subsection 6(b) of E.O. 12866, ``Regulatory Planning and
Review,'' dated September 30, 1993.
IX. Congressional Review Act
This final rule is not a major rule under 5 U.S.C. 804(2). Subtitle
E of the Small Business Regulatory Enforcement Fairness Act of 1996
(codified at 5 U.S.C. 801-808), also known as the Congressional Review
Act or CRA, generally provides that before a 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 under the CRA
cannot take effect until 60 days after it is published in the Federal
Register. The OMB Office of Information and Regulatory Affairs has
determined that this final rule is not a
[[Page 5717]]
``major rule'' as defined by 5 U.S.C. 804(2).
X. Regulatory Flexibility Act
This final rule will not 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 it applies to
agency management or personnel.
List of Subjects in 41 CFR Part 102-77
Federal buildings and facilities, Government property management,
Rates and fares.
Robin Carnahan,
Administrator of General Services.
0
For the reasons set forth in the Preamble, GSA hereby revises 41 CFR
part 102-77 to read as follows:
PART 102-77--ART IN ARCHITECTURE
Subpart A--General Provisions
Sec.
Scope
102-77.5 What is the scope of this part?
Definition
102-77.10 What definition applies to this part?
Policy
102-77.15 What basic Art in Architecture policy governs Federal
agencies?
Subpart B--Art in Architecture
102-77.20 Who funds the Art in Architecture efforts?
102-77.25 With whom should Federal agencies collaborate when
commissioning visual art for Federal buildings?
102-77.30 Do Federal agencies have responsibilities to provide
national, regional, and local visibility for Art in Architecture?
Authority: 40 U.S.C. 121 and 3306.
Subpart A--General Provisions
Scope
Sec. 102-77.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service, operating under, or
subject to, the authorities of the Administrator of General Services.
Definition
Sec. 102-77.10 What definition applies to this part?
Visual art means works, including, but not limited to, painting,
sculpture, architectural or environmental art, time-based media, and
works on paper.
Policy
Sec. 102-77.15 What basic Art in Architecture policy governs Federal
agencies?
Federal agencies must incorporate visual art as an integral part of
the total building concept when designing new Federal buildings and
when making substantial repairs and alterations to existing Federal
buildings, as appropriate. The commissioned art must reflect the
national, regional, or local cultural heritages, or any combination of
the foregoing, within the United States, and emphasize the work of
living American artists, including those in underserved communities.
Subpart B--Art in Architecture
Sec. 102-77.20 Who funds the Art in Architecture efforts?
To the extent not prohibited by law, Federal agencies must fund the
Art in Architecture efforts by allocating a portion of the estimated
cost of constructing or purchasing new Federal buildings or of
completing major repairs and alterations of existing buildings. Funding
for qualifying projects, including new construction, building
acquisitions, and prospectus-level repairs and alterations, must be in
a range determined by the Administrator of General Services.
Sec. 102-77.25 With whom should Federal agencies collaborate when
commissioning visual art for Federal buildings?
To the maximum extent practicable, Federal agencies should seek the
support and involvement of local citizens in commissioning a work of
visual art. Federal agencies should collaborate with the chosen artist
to commission works of visual art that reflect the cultural,
intellectual, and historic interests and values of the community in
which the art is to be located. In addition, Federal agencies should
work collaboratively with the architect of the building and art
professionals in commissioning visual art for Federal buildings.
Federal agencies should commission a work of visual art that is diverse
in style and media and no official style or media are mandated.
Sec. 102-77.30 Do Federal agencies have responsibilities to provide
national, regional, and local visibility for Art in Architecture?
Yes. Federal agencies should provide Art in Architecture that
receives appropriate national, regional, and local visibility to
encourage participation by a large, diverse, and equitable group of
artists representing a wide variety of types of visual art.
[FR Doc. 2022-02158 Filed 1-31-22; 8:45 am]
BILLING CODE 6820-14-P