6044 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

DATES: Effective February 3, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 86 FR 

54416 on October 1, 2021. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 20. In support of 

its channel substitution request, the 

Petitioner states that the Commission 

has recognized the deleterious effects 

manmade noise has on the reception of 

digital VHF signals, and that the 

propagation characteristics of these 

channels allow undesired signals and 

noise to be receivable at relatively 

farther distances compared to UHF 

channels, and also allow nearby 

electrical devices to cause interference. 

While the proposed channel 20 facility 

is predicted to result in loss of service 

to 15,460 persons, all but approximately 

100 of those persons would continue to 

receive service from at least five other 

television stations, and no persons 

would receive service from fewer than 

four other television stations. The 

Commission is generally most 

concerned where there is a loss of an 

area’s only network or non-commercial 

educational (NCE) TV service, or where 

the loss area results in an area becoming 

less than well-served, i.e., served by 

fewer than five full-power over-the-air 

signals. As a result, the loss area will 

continue to remain well-served and the 

number of persons that will receive less 

than five signals (approximately 100 

persons) is considered to be de minimis. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 21–125; RM–11892; DA 22– 

91, adopted January 27, 2022, and 

released January 27, 2022. 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). 

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 

proposed 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, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

the Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

Allotments, under Kentucky, by revising

the entry for Hazard to read as follows:

§ 73.622 Digital television table of

allotments.

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

KENTUCKY 

*****

Hazard .................................. 20, * 33. 

* * * * * 

[FR Doc. 2022–02213 Filed 2–2–22; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 538 and 552 

[GSAR Case 2021–G529; Docket No. GSA– 

GSAR 2022–0006; Sequence No. 1] 

RIN 3090–AK50 

General Services Administration 

Acquisition Regulation (GSAR); 

Updates to References to Individuals 

With Disabilities 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to 

provide more inclusive acquisition 

guidance for underserved communities 

by updating references from 

‘‘handicapped individuals’’ to 

‘‘individuals with disabilities,’’ 

pursuant to Section 508 of the 

Rehabilitation Act. This rule supports 

underserved communities, promoting 

equity in the Federal Government. 

DATES: Effective: March 7, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Joseph Goldberg or Ms. Adina 

Torberntsson, GSA Acquisition Policy 

Division, at 303–236–2677 or 

gsarpolicy@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 GSAR 

Case 2021–G529. 

SUPPLEMENTARY INFORMATION: 

I. Background

Currently, the GSAR uses the terms

‘‘handicapped’’ and ‘‘handicapped 

individuals’’ to identify individuals 

with impairments who can benefit from 

certain electronic office equipment. 

However, the Americans with 

Disabilities Act and the Rehabilitation 

Act use the term ‘‘individuals with 

disabilities’’ to reference these 

individuals. Thus, this rule updates 

language in the GSAR to conform with 

the statutory language and provide more 

inclusive acquisition guidance for 

underserved communities. 

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

This rule revises the term

‘‘handicapped’’ to ‘‘individuals with 

disabilities’’ at 552.238–73. 

Additionally, the rule updates the GSAR 

to guide the reader to 29 U.S.C. 705(20) 

for the definition of ‘‘individuals with 

disabilities’’, replacing an outdated 

reference to 29 CFR 1613.702 for the 

definition of ‘‘handicapped.’’ 

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6045 

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 rule has been reviewed 

and determined by OMB not to be a 

significant regulatory action and, 

therefore, was not subject to review 

under section 6(b) of E.O. 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major 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 cannot take effect 

until 60 days after it is published in the 

Federal Register. This rule has been 

reviewed and determined by OMB not 

to be a ‘‘major rule’’ under 5 U.S.C. 

804(2). 

VI. Notice for Public Comment 

The statute that applies to the 

publication of the GSAR is the Office of 

Federal Procurement Policy statute 

(codified at title 41 of the United States 

Code). Specifically, 41 U.S.C. 1707(a)(1) 

requires that a procurement policy, 

regulation, procedure or form (including 

an amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This rule is not 

required to be published for public 

comment, because GSA is not issuing a 

new regulation. This rule does not add 

any new solicitation provisions or 

contract clauses. It does not add any 

new burdens because the case does not 

add or change any requirements with 

which vendors must comply. Rather, 

this rule is merely an editorial change 

and will provide consistent language to 

statute. 

VII. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) does not apply to this 

rule, because an opportunity for public 

comment is not required to be given for 

this rule under 41 U.S.C. 1707(a)(1) (see 

Section VI of this preamble). 

Accordingly, no regulatory flexibility 

analysis is required, and none has been 

prepared. 

VIII. Paperwork Reduction Act 

The 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 Parts 538 and 

552 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

Therefore, GSA amends 48 CFR parts 

538 and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 538 and 552 continues to read as 

follows: 

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

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

538.273 [Amended] 

■ 2. Amend section 538.273 by 

removing from paragraph (b)(1) the 

phrase ‘‘the Handicapped’’ and adding 

‘‘Individuals with Disabilities’’ in its 

place. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Revise section 552.238–73 to read 

as follows: 

552.238–73 Identification of Electronic 

Office Equipment Providing Accessibility 

for Individuals with Disabilities. 

As prescribed in 538.273(b)(1), insert 

the following clause: 

Identification of Electronic Office Equipment 

Providing Accessibility for Individuals With 

Disabilities (Mar 2022) 

(a) Definitions. 

Electronic office equipment accessibility 

means the application/configuration of 

electronic office equipment (includes 

hardware, software and firmware) in a 

manner that accommodates the functional 

limitations of individuals with disabilities (as 

defined below) so as to promote productivity 

and provide access to work related and/or 

public information resources. 

Individuals with disabilities means 

qualified individuals with impairments as 

defined in 29 U.S.C. 705(20) who can benefit 

from electronic office equipment 

accessibility. 

Special peripheral means a special needs 

aid that provides access to electronic 

equipment that is otherwise inaccessible to 

individuals with disabilities. 

(b) The offeror is encouraged to identify in 

its offer and include in any commercial 

catalogs and pricelists accepted by the 

Contracting Officer, office equipment, 

including any special peripheral, that will 

facilitate electronic office equipment 

accessibility for individuals with disabilities. 

Identification should include the type of 

disability accommodated and how the users 

with that disability would be helped. 

(End of clause) 

[FR Doc. 2022–02194 Filed 2–2–22; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 383 

[Docket No. FMCSA–2020–0197] 

Commercial Driver’s License 

Standards: Regulatory Guidance 

Concerning Third Party Testers 

Conducting the Knowledge Test 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Regulatory guidance. 

SUMMARY: FMCSA amends its regulatory 

guidance to explain that FMCSA’s 

current statutory authorities and 

regulations do not prohibit third party 

testers from administering the 

commercial driver’s license knowledge 

tests for all classes and endorsements. 

SDLAs may accept the results of 

knowledge tests administered by third 

party testers in accordance with existing 

knowledge test standards and 

requirements set forth in 49 CFR part 

383, subparts G and H. 

DATES: This guidance is effective 

February 3, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nikki McDavid, Chief of the CDL 

Division, FMCSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, nikki.mcdavid@dot.gov, 202–366– 

0831. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 9, 2011, FMCSA published 

the 49 CFR parts 383, 384 and 385, 

Commercial Driver’s License Testing 

and Commercial Learner’s Permit 

Standards final rule (76 FR 26854) that 

amended the commercial driver’s 

license (CDL) knowledge and skills 

testing standards and established new 

minimum Federal standards for States 

to issue the commercial learner’s 

permit. The final rule also set forth the 

Federal standards for States to allow 


khammond on DSKJM1Z7X2PROD with RULES