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

 
CONTENT
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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