General Services Administration Acquisition Regulation; Remove Office of General Counsel Review for Final Payments

• Published date: 01 October 2020
• Citation: 85 FR 61871
• Record Number: 2020-18597
• Section: Rules and Regulations
• Court: General Services Administration

61871

Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations

[FR Doc. 2020–21178 Filed 9–30–20; 8:45 am]

BILLING CODE 6712–01–C

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MB Docket No. 18–126; RM–11800; FCC

20–114; FRS 17043]

Television Broadcasting Services;

Stamford, Connecticut

AGENCY

: Federal Communications

Commission.

ACTION

: Final rule; application for

review.

SUMMARY

: This document denies an

Application for Review filed by PMCM

TV, LLC (PMCM) of the Media Bureau’s

grant of a rulemaking petition filed by

Connecticut Public Broadcasting, Inc.

(CPBI), licensee of noncommercial

educational television station WEDW,

Bridgeport, Connecticut, to change

WEDW’s community of license from

Bridgeport to Stamford, Connecticut.

The document finds that the Bureau’s

reallotment was proper.

DATES

: Effective October 1, 2020.

FOR FURTHER INFORMATION CONTACT

:

Jeremy Miller, Jeremy.Miller@fcc.gov,

Media Bureau, (202) 418–1507.

SUPPLEMENTARY INFORMATION

: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MB

Docket No. 18–126, adopted August 11,

2020 and released August 11, 2020. The

full text of this document is available for

download at https://www.fcc.gov/edocs.

To request materials in accessible

formats for people with disabilities

(braille, large print, electronic files,

audio format), send an email to fcc504@

fcc.gov or call the Consumer &

Governmental Affairs Bureau at 202–

418–0530 (voice), 202–418–0432 (tty).

Synopsis

In the Report and Order in this

proceeding, the Bureau granted CPBI’s

request to change its community of

license over the objection of PMCM. See

84 FR 16413–01 (April 19, 2019). The

document rejects all of PMCM’s

challenges to this grant. First, the

Commission disagrees with PMCM’s

argument that while the Commission

partially lifted a freeze on community of

license changes for petitions that do not

require a change in the station’s

technical facilities, CPBI’s rulemaking

petition was not eligible because CPBI

subsequently sought to relocate

WEDW’s technical facilities from

Bridgeport to Stamford after filing the

Petition. The Commission finds that

consistent with these requirements of

the partially lifted freeze, CPBI’s

petition did not request a change in

WEDW’s authorized technical facilities

nor was such a change required to

comply with the Commission’s

community coverage requirements. In

particular, the Commission finds that

the later-filed request to move

transmission facilities to Stamford is a

separate matter from CPBI’s community

of license petition and disagree with

PMCM that the modification application

is integral to consideration of the

Petition.

The document also finds that the

Application for Review was an

impermissible collateral attack on

CPBI’s separate application to move its

transmission facilities to Stamford,

which had been final for over a year and

not pending before the Commission.

In addition, the Commission also

denies PMCM’s argument that grant of

this community of license change would

effectively relocate WEDW to New York

City. The petition for rulemaking did

not propose to move the authorized

technical facilities from its site near

Bridgeport and, thus, CPBI did not

propose a change to WEDW’s service

area as part of this rulemaking.

This document does not contain

information collection requirements

subject to the Paperwork Reduction Act

of 1995, Public Law 104–13. In addition,

therefore, it does not contain any

information collection burden ‘‘for

small business concerns with fewer than

25 employees,’’ pursuant to the Small

Business Paperwork Relief Act of 2002,

Public Law 107–198, see 44 U.S.C.

3506(c)(4). Provisions of the Regulatory

Flexibility Act of 1980, see 5 U.S.C.

601–612, do not apply to this

proceeding.

This document is not subject to the

Congressional Review Act. (The

Commission, is, therefore, not required

to submit a copy of this Memorandum

Opinion and Order to GAO, pursuant to

the Congressional Review Act, see 5

U.S.C. 801(a)(1)(A) because the

Application for Review was denied.)

Federal Communications Commission

Marlene Dortch,

Secretary.

[FR Doc. 2020–19545 Filed 9–30–20; 8:45 am]

BILLING CODE 6712–01–P

GENERAL SERVICES

ADMINISTRATION

48 CFR Part 532

[GSAR Case 2020–G521 Docket No. 2020–

0017; Sequence No. 1]

RIN 3090–AK25

General Services Administration

Acquisition Regulation; Remove Office

of General Counsel Review for Final

Payments

AGENCY

: Office of Acquisition Policy,

General Services Administration (GSA).

ACTION

: Direct final rule with request for

comments.

SUMMARY

: The General Services

Administration (GSA) is issuing a final

rule amending the General Services

Administration Acquisition Regulation

(GSAR) to revise internal agency

approval procedures for processing a

final payment for construction and

building service contracts where, after

60 days, a contracting officer is unable

to obtain a release of claims from a

contractor.

DATES

: This final rule is effective on

November 30, 2020 without further

notice unless adverse comments are

received by November 2, 2020. If GSA

receives adverse comments, we will

publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect.

ADDRESSES

: Submit comments in

response to GSAR Case 2020–G521 via

the Federal eRulemaking portal at

Regulations.gov by searching for ‘‘GSAR

Case 2020–G521’’. Select the link

‘‘Comment Now’’ that corresponds with

GSAR Case 2020–G521. Follow the

instructions provided at the ‘‘Comment

Now’’ screen. Please include your name,

company name (if any), and ‘‘GSAR

Case 2020–G521’’ on your attached

document.

Instructions: Please submit comments

only and cite GSAR Case 2020–G521 in

all correspondence related to this case.

Comments received generally will be

posted without change to https://

www.regulations.gov, including any

personal and/or business confidential

information provided. To confirm

receipt of your comment(s), please

check https://www.regulations.gov

approximately two-to-three days after

submission to verify posting.

FOR FURTHER INFORMATION CONTACT

: Mr.

Alexander Beyrent, GSA Acquisition

Policy Division, at gsarpolicy@gsa.gov,

for clarification of content. For

information pertaining to status or

publication schedules, contact the

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61872

Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations

Regulatory Secretariat at 202–501–4755.

Please cite GSAR Case 2020–G521.

SUPPLEMENTARY INFORMATION

:

I. Background

As part of GSA’s regulatory reform

efforts, GSA determined that GSAR

532.905–70 should no longer require

contracting officers to obtain approval of

legal counsel before processing final

payments for construction and building

service contracts where, after 60 days,

the contracting officers are unable to

obtain releases of claims from

contractors. Legal review is not a

statutory requirement, and the decision

to process final payments in such cases

is a business decision, rather than a

legal one.

II. Authority for This Rulemaking

Title 40 of the United States Code

(U.S.C.) Section 121 authorizes GSA to

issue regulations, including the GSAR,

to control the relationship between GSA

and contractors.

III. Discussion and Analysis

Prior to the issuance of this rule, GSA

guidance on final payments for

construction and building service

contracts provided that, ‘‘in cases

where, after 60 days from the initial

attempt, the contracting officer is unable

to obtain a release of claims from the

contractor, the final payment may be

processed with the approval of assigned

legal counsel.’’ GSA is proposing to

amend GSAR 532.905–70(c) by

removing the legal approval

requirement because this is a business

decision to be made by the contracting

officer, not a legal decision. Therefore,

upon implementation of this rule, a

contracting officer may instead process

a final payment in such a situation after

documenting in the contract file: (i)

That the contracting officer requested a

release of claims from the contractor

and did not receive a response within

60 calendar days; and (ii) approval to

process the final payment from one

level above the contracting officer.

IV. Executive Orders 12866 and 13563

Executive Orders (E.O.s) 12866 and

13563 direct agencies to assess all costs

and benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety

effects, distributive impacts, and

equity). E.O. 13563 emphasizes the

importance of quantifying both costs

and benefits, of reducing costs, of

harmonizing rules, and of promoting

flexibility. This is not a significant

regulatory action and, therefore, was not

subject to review under section 6(b) of

Executive Order 12866, Regulatory

Planning and Review, dated September

30, 1993. This rule is not a major rule

under 5 U.S.C. 804.

V. Executive Order 13771

This final rule was not subject to E.O.

13771 because this rule is not a

significant regulatory action under E.O.

12886.

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act does

not apply to this rule because this final

rule does not constitute a significant

GSAR revision.

VII. Paperwork Reduction Act

The final rule does not contain any

information collection requirements that

require the approval of the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.

chapter 35).

List of Subjects in 48 CFR Part 532

Government procurement.

Jeffrey A. Koses,

Senior Procurement Executive, Office of

Acquisition Policy, Office of Governmentwide

Policy, General Services Administration.

Therefore, GSA amends 48 CFR part

532 as set forth below:

PART 532—CONTRACT FINANCING

■1. The authority citation for 48 CFR

part 532 continues to read as follows:

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

■2. Amend section 532.905–70 by:

■a. Removing from paragraph (a)

‘‘amount due the Contractor’’ and

adding ‘‘amount due to the contractor’’

in its place;

■b. Revising paragraph (b); and

■c. Removing paragraphs (c) and (d).

The revision reads as follows:

532.905–70 Final payment—construction

and building service contracts.

* * * * *

(b) A contracting officer may only

process the final payment for a

construction or building service contract

once:

(1) The contractor submits a properly

executed GSA Form 1142, Release of

Claims; or

(2) The contracting officer documents

in the contract file:

(i) That the contracting officer

requested a release of claims from the

contractor and did not receive a

response within 60 calendar days; and,

(ii) Approval to process the final

payment from one level above the

contracting officer.

[FR Doc. 2020–18597 Filed 9–30–20; 8:45 am]

BILLING CODE 6820–61–P

DEPARTMENT OF VETERANS

AFFAIRS

48 CFR Part 852

Solicitation Provisions and Contract

Clauses

CFR Correction

■In Title 48 of the Code of Federal

Regulations, Chapters 7 to 14, revised as

of October 1, 2019, on page 272, remove

the second printing of section 852.232–

70, and on page 278, remove the second

printing of section 852.236–72.

[FR Doc. 2020–21868 Filed 9–30–20; 8:45 am]

BILLING CODE 1301–00–D

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 200910–0237]

RTID 0648–XT037

Atlantic Highly Migratory Species;

Adjustments to 2020 Northern

Albacore Tuna Quota, 2020 North and

South Atlantic Swordfish Quotas, and

2020 Atlantic Bluefin Tuna Reserve

Category Quota

AGENCY

: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION

: Temporary final rule.

SUMMARY

: NMFS adjusts the 2020

baseline quotas for U.S. North Atlantic

albacore tuna (northern albacore), North

and South Atlantic swordfish, and the

Atlantic bluefin Reserve category based

on available underharvest of the 2019

adjusted U.S. quotas. This action is

necessary to implement binding

recommendations of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT), as required by

the Atlantic Tunas Convention Act

(ATCA), and to achieve domestic

management objectives under the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act).

DATES

: Effective October 1, 2020,

through December 31, 2020.

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