Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 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. 

■ 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 

§ 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 What definition applies to this 

part? 

Visual art means works, including, 

but not limited to, painting, sculpture, 

architectural or environmental art, timebased media, and works on paper. 

Policy 

§ 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 

§ 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. 

§ 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 

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 

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 

AGENCY: Office of the Secretary, 

Department of Health and Human 

Services. 

ACTION: Final rule. 

SUMMARY: 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. 

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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5718 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 

comments, and any changes made to the 

regulatory text as a result. 

Comment: One commentor provided 

HHS with strong support for the 

proposed rule, indicating the proposed 

electronic submission and processing of 

payment requests will provide a more 

efficient and cost-effective solution for 

HHS and the general public. 

Response: HHS appreciates the 

comments and agrees that the benefits of 

electronic submission and processing of 

payment requests to support the HHS 

Electronic Invoicing Implementation 

Project and HHS’s transition to the 

Department of the Treasury’s Invoice 

Processing Platform, will generally 

outweigh any administrative costs 

associated with the transition. The HHS 

Electronic Invoicing Implementation 

Project will bring HHS in compliance 

with the OMB Memorandum M–15–19, 

Improving Government Efficiency and 

Saving Taxpayer Dollars through 

Electronic Invoicing, issued on July 17, 

2015 which directed federal agencies to 

transition to electronic invoicing for 

appropriate federal procurements. 

Implementation of these solutions will 

improve citizen and business facing 

services, improve consistency, automate 

workflows, improve the transparency of 

invoice status, and support specific 

business needs identified across HHS 

while maintaining compliance with the 

OMB and Treasury requirements. 

Comment: One commenter raised 

concern with the timing of the inclusion 

of the clause in new and existing 

contracts and the confusion that may be 

caused with tracking payment requests 

submitted prior to and after the change 

in invoice submission requirements. 

Response: HHS appreciates the 

commenters concern and agrees 

additional information on the invoice 

submission process is necessary to 

mitigate any administrative confusion 

for the tracking of payment requests 

during the transition period. Since the 

HHS operating divisions utilize various 

accounting systems and their internal 

processes and procedures may vary 

depending on the systems they utilize, 

the HHS operating divisions will be 

issuing Payment Instructions to their 

respective contractor community with 

specific invoice submission instructions 

related to their internal policies, 

procedures, and processes. 

II. Required Rulemaking Analyses 

A. Executive Orders 12866 and 13563: 

Regulatory Planning and Review 

Analysis 

HHS examined the effects of this rule 

as required by E.O. 12866, ‘‘Regulatory 

Planning and Review,’’ 58 FR 51,735 

(Oct. 4, 1993), E.O. 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 76 

FR 3821, (Jan. 21, 2011), and the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

the regulation is necessary, to select 

regulatory approaches that maximize 

net benefits. A Regulatory Impact 

Analysis must be prepared for major 

rules with economically significant 

effects. The Department has determined 

that this rulemaking is not a significant 

regulatory action under these Executive 

Orders. In addition, the Department 

does not anticipate that this rulemaking 

will impose measurable costs on 

regulated parties. The Office of 

Management and Budget (OMB) has 

waived review on this rule. 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs has 

determined that this final rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1532(a), requires that agencies prepare a 

written statement, which includes an 

assessment of anticipated costs and 

benefits, before proposing ‘‘any rule that 

includes any federal mandate that may 

result in the expenditure by state, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more (adjusted annually for inflation) 

in any one year.’’ In 2020, that threshold 

was $158 million. HHS does not expect 

this rule to exceed the threshold. 

B. Regulatory Flexibility Act and 

Executive Order 13272 

The Department has examined the 

economic implications of this final rule 

as required by the Regulatory Flexibility 

Act (RFA), 5 U.S.C. 601 et seq. The RFA 

and the Small Business Regulatory 

Enforcement and Fairness Act of 1996 

(Pub. L. 104–121), which amended the 

RFA, require HHS to analyze options for 

regulatory relief of small businesses. If 

a rule has a significant economic effect 

on a substantial number of small 

entities, the Secretary must specifically 

consider the economic effect of the rule 

on small entities and analyze regulatory 

options that could lessen the impact of 

the rule. The Department considers a 

rule to have a significant impact on a 

substantial number of small entities if 

the rule has at least a three percent 

impact on revenue on at least five 

percent of small entities. As a result, the 

Department has determined, and the 

Secretary certifies, that this final rule 

does not have a significant impact on a 

substantial number of small entities. 

C. Executive Order 13132 (Federalism) 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43,255 (Aug. 10, 1999), 

establishes certain requirements that an 

agency must meet when it promulgates 

a rule that imposes substantial direct 

requirement costs on State, local, and 

tribal governments or has federalism 

implications. The Department has 

determined that this final rule does not 

impose such costs or have any 

federalism implications. 

D. Paperwork Reduction Act of 1995 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the Department has reviewed 

this final rule and has determined that 

it does not create new collections of 

information. 

List of Subjects in 48 CFR Parts 332 and 

352 

Government procurement. 

For the reasons set forth in the 

preamble, the Department of Health and 

Human Services amends 48 CFR chapter 

3, parts 332 and 352, as follows: 

PART 332—CONTRACT FINANCING 

■ 1. The authority citation for part 332 

continues to read as follows: 

Authority: 5 U.S.C. 301; 40 U.S.C. 

121(c)(2). 

■ 2. Add subpart 332.70 to read as 

follows: 

Subpart 332.70—Electronic Submission and 

Processing of Payment Requests 

Sec. 

332.7000 Scope of subpart. 

332.7001 Definitions. 

332.7002 Policy. 

332.7003 Contract clause. 

Subpart 332.70—Electronic 

Submission and Processing of 

Payment Requests 

332.7000 Scope of subpart. 

This subpart prescribes policies and 

procedures for electronic submission 

and processing of payment requests. 

332.7001 Definitions. 

Payment request, as used in this 

subpart, is defined as a bill, voucher, 

invoice, or request for contract financing 

payment with associated supporting 

documentation. The payment request 

must comply with the requirements 

identified in FAR 32.905(b), Content of 

invoices, and the applicable Payment 

clause included in this contract. 


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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 5719 

1Public Law 115–271, Oct. 24, 2018. 

2 86 FR 1418. 

332.7002 Policy. 

(a) Contracts shall require the 

electronic submission of payment 

requests, except for— 

(1) Purchases paid for with a 

Government-wide commercial purchase 

card; and 

(2) Classified contracts or purchases 

when electronic submission and 

processing of payment requests could 

compromise classified information or 

national security. 

(b) Where a contract otherwise 

requires the electronic submission of 

invoices, the Contracting Officer may 

authorize alternate procedures only if 

the Contracting Officer makes a written 

determination that: 

(1) The Department of Health and 

Human Services (HHS) is unable to 

receive electronic payment requests or 

provide acceptance electronically; 

(2) The contractor has demonstrated 

that electronic submission would be 

unduly burdensome; or 

(3) The contractor is in the process of 

transitioning to electronic submission of 

payment requests, but needs additional 

time to complete such transition. 

Authorizations granted on the basis of 

this paragraph (b)(3) must specify a date 

by which the contractor will transition 

to electronic submission. 

(c) Except as provided in paragraphs 

(a) and (b) of this section, HHS officials 

shall process electronic payment 

submissions through the Department of 

the Treasury Invoice Processing 

Platform or successor system. 

(d) If the requirement for electronic 

submission of payment requests is 

waived under paragraph (a)(2) or (b) of 

this section, the contract or alternate 

payment authorization, as applicable, 

shall specify the form and method of 

payment request submission. 

332.7003 Contract clause. 

Except as provided in 332.7002(a), 

use the clause at 352.232–71, Electronic 

Submission of Payment Requests, in all 

solicitations and contracts. 

PART 352—SOLICITATIONS 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 352 

continues to read as follows: 

Authority: 5 U.S.C. 301; 40 U.S.C. 

121(c)(2). 

■ 4. Add section 352.232–71 to read as 

follows: 

352.232–71 Electronic submission of 

payment requests 

As prescribed in HHSAR 332.7003, 

use the following clause: 

Electronic Submission of Payment Requests 

(a) Definitions. As used in this clause— 

Payment request means a bill, voucher, 

invoice, or request for contract financing 

payment with associated supporting 

documentation. The payment request must 

comply with the requirements identified in 

FAR 32.905(b), ‘‘Content of Invoices’’ and the 

applicable Payment clause included in this 

contract. 

(b) Except as provided in paragraph (c) of 

this clause, the Contractor shall submit 

payment requests electronically using the 

Department of Treasury Invoice Processing 

Platform (IPP) or successor system. 

Information regarding IPP, including IPP 

Customer Support contact information, is 

available at www.ipp.gov or any successor 

site. 

(c) The Contractor may submit payment 

requests using other than IPP only when the 

Contracting Officer authorizes alternate 

procedures in writing in accordance with 

HHS procedures. 

(d) If alternate payment procedures are 

authorized, the Contractor shall include a 

copy of the Contracting Officer’s written 

authorization with each payment request. 

(End of Clause) 

Xavier Becerra, 

Secretary. 

[FR Doc. 2022–02134 Filed 2–1–22; 8:45 am] 

BILLING CODE 4151–19–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 219 

[Docket No. FRA–2019–0071, Notice No. 2] 

RIN 2130–AC80 

Control of Alcohol and Drug Use: 

Coverage of Mechanical Employees 

and Miscellaneous Amendments 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: As mandated by the 

Substance Use-Disorder Prevention that 

Promotes Opioid Recovery and 

Treatment for Patients and Communities 

Act (SUPPORT Act or Act), FRA is 

expanding the scope of its alcohol and 

drug regulation to cover mechanical 

employees. This rule clarifies who FRA 

considers a mechanical employee for 

regulatory purposes, and adopts 

proposed technical amendments. 

DATES: This rule is effective March 4, 

2022. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gerald Powers, Drug and Alcohol 

Program Manager, Office of Railroad 

Safety—Office of Technical Oversight, 

telephone: 202–493–6313, email: 

gerald.powers@dot.gov; Sam Noe, Drug 

and Alcohol Specialist, Office of 

Railroad Safety—Office of Technical 

Oversight, telephone: 615–719–2951, 

email: sam.noe@dot.gov; or Patricia V. 

Sun, Attorney Adviser, Office of Safety 

Law, telephone: 202–493–6060, email: 

patricia.sun@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Discussion of General Comments and 

Conclusions 

A. FRA’s Proposed Mechanical Employee 

Definition 

1. Summary 

2. Fourth Amendment Implications 

3. Decrease in Random Testing Deterrence 

4. Consistency With the SUPPORT Act 

5. Consistency With the MOW Employee 

Definition 

6. Treatment of Employees Subject to Part 

209 

B. Pre-Employment Testing 

C. Initial Mechanical Employee Annual 

Random Testing Rates 

D. Post-Accident Toxicological Testing 

E. Effective Date of Final Rule and 

Timetable for Submitting Random 

Testing Plans for MECH Employees 

III. Section-by-Section Analysis 

IV. Regulatory Impact and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

B. Regulatory Flexibility Act and Executive 

Order 13272; Certification 

C. Paperwork Reduction Act 

D. Environmental Impact 

E. Executive Order 12898 (Environmental 

Justice) 

F. Federalism Implications 

G. Unfunded Mandates Reform Act of 1995 

H. Energy Impact 

I. Tribal Consultation 

I. Executive Summary 

In Section 8102(a) of the SUPPORT 

Act,1 Congress mandated FRA (as the 

Secretary of Transportation’s delegate) 

include ‘‘all employees of railroad 

carriers who perform mechanical 

activities’’ (MECH employee(s)) in its 

alcohol and drug regulation, 49 CFR 

part 219. In section 8102(b) of the Act, 

Congress directed FRA to define 

mechanical activities for purposes of 

part 219 coverage. On January 8, 2021, 

FRA published a Notice of Proposed 

Rulemaking (NPRM) in response to this 

mandate.2 FRA received comments on 

the NPRM from four organizations 

(including one joint filing) and 12 


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