Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Rules and Regulations 76487 

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; Withdrawal 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Direct final rule; withdrawal. 

SUMMARY: On October 1, 2020, GSA 

published in the Federal Register a 

direct final rule entitled Remove Office 

of General Counsel Review for Final 

Payments. The rule revised 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. This 

action withdraws the rule because GSA 

received an adverse comment. 

DATES: The direct final rule published at 

85 FR 61871, October 1, 2020, is 

withdrawn effective November 30, 2020. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryon Boyer, GSA Acquisition Policy 

Division, at gsarpolicy@gsa.gov, for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at 202–501–4755. Please cite 

GSAR Case 2020–G521. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 1, 2020, GSA published a 

direct final rule (85 FR 61871). The rule, 

to have become effective November 30, 

2020, was intended to streamline the 

process for certain contract final 

payments. GSA stated in the direct final 

rule that if it received adverse 

comments, it would publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

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. 

The comment period for the direct 

final rule closed on November 2, 2020. 

II. Discussion of Comment 

GSA received two comments to the 

direct final rule from anonymous 

commenters. One of the comments was 

adverse to the direct final rule. The 

other comment was not applicable to 

the text or purpose of the direct final 

rule. 

The adverse commenter expressed 

concern about the lack of analytical data 

regarding the administrative burden 

related to the legal review process. 

Further, the commenter suggested that 

decisions related to contracts are legal 

questions, not business decisions. 

GSA does not agree with the adverse 

comment because, in the absence of a 

statutory requirement for the contracting 

officer to receive legal approval prior to 

processing the final payment, the 

authority to process any payment 

resides in the warranted contracting 

officer, except for the instant clause 

regarding final payments referenced in 

the clause at 532.905–70(c). GSA has 

determined that the clause at 532.905– 

70 no longer works in the best interest 

of the Government or contractors 

because, among other things: (i) 

Approval by legal counsel does not 

preclude the contracting officer from 

denying such payments, and (ii) 

approval by legal counsel does not 

insulate the Government from any 

potential liabilities should the 

contracting officer process the payment. 

III. Reason for Withdrawal 

In consideration of the comment to 

the direct final rule, GSA has 

determined that the rule should be 

withdrawn in its entirety. This will 

allow more time to further examine the 

issues raised and determine the best 

course of action. 

Accordingly, GSA withdraws the rule 

published at 85 FR 61871 on October 1, 

2020. However, withdrawal of this rule 

does not preclude GSA from issuing 

another rule on the subject matter in the 

future or committing the agency to any 

future course of action. 

List of Subjects in 48 CFR Part 532 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy. 

[FR Doc. 2020–26118 Filed 11–27–20; 8:45 am] 

BILLING CODE 6820–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 200428–0122] 

RTID 0648–XA679 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 2020 

Directed Fishery Closure for Atlantic 

Herring Management Area 1B 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; directed fishery 

closure. 

SUMMARY: NMFS is closing the directed 

fishery for Herring Management Area 

1B. This closure is required because 

NMFS projects that 92 percent of the 

catch allotted to Management Area 1B 

has been caught. This action is intended 

to prevent overharvest of Atlantic 

herring in Management Area 1B, which 

would result in additional quota 

reductions next year. 

DATES: Effective 00:01 hr local time, 

November 25, 2020, through 24:00 local 

time, December 31, 2020. 

FOR FURTHER INFORMATION CONTACT: Lou 

Forristall, Fishery Management 

Specialist, (978) 281–9321. 

SUPPLEMENTARY INFORMATION: The 

Regional Administrator for the Greater 

Atlantic Region monitors Atlantic 

herring fishery catch in each of the 

management areas based on vessel and 

dealer reports, state data, and other 

available information. Based on this 

information, the Regional Administrator 

projects that the Atlantic herring fleet 

will catch 92 percent of the 

Management Area 1B sub-Annual Catch 

Limit (ACL) by November 25, 2020. 

Therefore, as required by 50 CFR 

648.201(a)(1)(i), effective 00:01 hr local 

time November 25, 2020, federally 

permitted vessels may not fish for, 

possess, transfer, receive, land, or sell 

more than 2,000 lb (907.2 kg) of Atlantic 

herring per trip or calendar day, in or 

from Management Area 1B, through 

December 31, 2020. Vessels that have 

entered port before 00:01 hr local time, 

November 25, 2020, may land or sell 

more than 2,000 lb (907.2 kg) of Atlantic 

herring from Area 1B from that trip. A 

vessel may transit through Area 1B with 

more than 2,000 lb (907.2 kg) of Atlantic 

herring on board, provided all herring 

was caught outside Area 1B and all 

fishing gear is stowed and not available 

for immediate use as defined by 50 CFR 


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