Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 5711 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption in this action, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes. As a 

result, this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA has determined that this action will 

not have a substantial direct effect on 

States or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, EPA has determined that 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

EPA’s consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act (15 

U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 14, 2022. 

Edward Messina, 

Director, Office of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.1391 to subpart D to read 

as follows: 

§ 180.1391 Saccharomyces cerevisiae 

strain LAS02; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Saccharomyces cerevisiae strain 

LAS02 in or on all food commodities 

when used in accordance with label 

directions and good agricultural 

practices. 

[FR Doc. 2022–02099 Filed 2–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–77 

[FMR Case 2021–02; Docket No. GSA–FMR– 

2021–0024, Sequence No. 1] 

RIN 3090–AK47 

Federal Management Regulation; Art in 

Architecture 

AGENCIES: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Final rule with 60-day comment 

period. 

SUMMARY: GSA is issuing a final rule 

amending the Federal Management 

Regulation (FMR) to update certain 

provisions of the Art in Architecture 

program. These revisions clarify the 

policies to collect, manage, fund, and 

commission visual art in Federal 

buildings. The rule updates policies 

consistent with the requirements of the 

Executive Order (E.O.) issued May 14, 

2021, titled ‘‘Revocation of Certain 

Presidential Actions and Technical 

Amendment.’’ The rule also supports 

the goals of the E.O. issued January 20, 

2021, titled ‘‘Advancing Racial Equity 

and Support for Underserved 

Communities Through the Federal 

Government.’’ 

DATES: 

Effective date: January 31, 2022. 

Comments due date: Please submit 

comments by the method listed in the 

ADDRESSES section by April 4, 2022 for 

consideration in future rulemaking. 

ADDRESSES: Submit comments in 

response to FMR Case 2021–02 to: 

Regulations.gov: https://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FMR Case 2021–02.’’ 

Select the link ‘‘Comment Now’’ that 

corresponds with FMR Case 2021–02. 

Follow the instructions provided at the 

‘‘Comment Now’’ screen. Please include 

your name, company name (if any), and 

‘‘FMR Case 2021–02’’ on your attached 

document. If your comment cannot be 

submitted using https://

www.regulations.gov, call or email the 

points of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternative instructions. 

Instructions: Please submit comments 

only and cite FMR Case 2021–02 in all 

correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal or business confidential 

information, or both, provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov 

approximately two to three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Chris Coneeney, Director, Real Property 

Policy Division, Office of Governmentwide Policy, at 202–208–2956 or 

chris.coneeney@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 FMR Case 2021–02. 

SUPPLEMENTARY INFORMATION: 

I. History of the Program 

Art in U.S. public buildings has a long 

history, beginning in the 1850s in the 

U.S. Custom House in New Orleans and 

continuing at the U.S. Capitol and 

through the Beaux-Arts era when 

courthouses and custom houses 

throughout the Nation were embellished 

with works of art. In the 1930s, the 

Great Depression saw the creation of 

relief programs of the New Deal, 

including four art programs: The Public 

Works of Art, which employed artists to 

create artworks; the Section of Fine Arts 

(the Section), a Treasury Department 

effort that awarded commissions to 

artists through competitions to secure 

the best quality artwork for installation 

in public buildings, including Federal 

buildings, courthouses and post offices; 


jspears on DSK121TN23PROD with RULES1
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1 86 FR 27025 (May 19, 2021), https://

www.federalregister.gov/documents/2021/05/19/ 

2021-10691/revocation-of-certain-presidentialactions-and-technical-amendment. 

2 85 FR 41165 (July 8, 2020), https://

www.federalregister.gov/documents/2020/07/08/ 

the Treasury Relief Art Project, which 

employed artists to create paintings and 

sculptures for existing Federal 

buildings; and the largest of the 

programs in scope and numbers of 

artists employed, the Works Progress 

Administration, which included the 

Federal Art Project (FAP). From 1935 to 

1943, thousands of artists created over 

200,000 works of art, and under the 

FAP, these artworks were distributed to 

State and municipal facilities. The New 

Deal art programs brought art into 

everyday life in places like post offices, 

schools, hospitals, and libraries, and 

showed the importance of art in a 

democracy. They also built up the 

public art collection in the U.S. and set 

the stage for Federal arts funding. The 

Section also instituted the influential 

percent-for-art policy idea: 1% of the 

total building construction cost would 

be set aside for the building’s 

embellishment. In 1963, GSA started the 

Fine Arts in New Federal Buildings 

program, a percent-for-art policy that in 

1972 became the Art in Architecture 

program. This has become a model for 

many State and municipal community 

art programs. These artworks enhance 

the civic meaning of Federal 

architecture and showcase the vibrancy 

of American visual arts. Together, the 

art and architecture of Federal buildings 

create a lasting cultural legacy. The 

activities of the Art in Architecture 

program addressed in this regulation 

apply only to federally owned facilities 

under the jurisdiction, custody and 

control of GSA. New art commissions 

are included in capital projects 

authorized by Congress for the 

construction or major modernization of 

a building by GSA. Other agencies, such 

as the U.S. Department of State, operate 

art programs under separate authorities. 

Art programs in Federal buildings not 

only create a better environment for 

conducting Government business, they 

offer a space to represent equitably the 

diversity of the Nation and to support 

the arts in communities that have 

Federal buildings. In accordance with 

E.O. 13985, ‘‘Advancing Racial Equity 

and Support for Underserved 

Communities Through the Federal 

Government,’’ issued January 20, 2021, 

all agencies are directed to ‘‘promote 

[. . .] equitable opportunities’’ for 

access to programs and services. 

Previous definitions of acceptable art 

styles limited participation in Art in 

Architecture programs, and thus art 

projects in the past did not necessarily 

reflect the diversity of the communities 

in which they were located. Increasing 

equitable access for artists of different 

backgrounds and art styles to participate 

in these programs is a priority for 

achieving the goals of E.O. 13985. 

II. Current Program and Discussion of 

Proposed Changes With This Final Rule 

GSA reserves one-half of one percent 

of the estimated construction cost of 

each new Federal building and selects 

new prospectus-level modernization or 

repair and alteration projects to 

commission project artists. Artist 

candidates for Art in Architecture 

commissions are most often identified 

from GSA’s National Artist Registry 

(Registry), which is a database of artists 

who have previously submitted digital 

images of their past portfolio work. 

Artists may also be identified through 

other sources, such as from posted 

solicitations for active procurements. 

There is no fee to join the Registry, 

which currently has approximately 

1,700 artists and is open to all artists 

who are U.S. citizens or lawful 

permanent residents. Instructions for 

joining the Registry can be found at 

https://www.gsa.gov/cdnstatic/ 

National_Artist_Registry_Instructions_

MAR_2016.pdf and requires the 

submission of GSA Form 7437, a 

resume, images of completed artwork, 

and a script identifying the images. 

During building construction, a panel 

of seven, composed of a GSA art peer 

from the GSA Commissioner of Public 

Buildings’ National Register of Peer 

Professionals (distinguished privatesector design and art professionals 

appointed by the Commissioner of 

Public Buildings to critique concept 

designs under development), an art 

professional from the city or geographic 

region of the building project, a 

representative of the building project’s 

primary Federal occupant agency, a 

community representative, the project’s 

lead design architect, and two GSA 

representatives, one representing the 

Public Buildings Service (PBS) Regional 

Commissioner and the other the Art in 

Architecture program office, is 

convened. 

The panel meets to discuss 

opportunities for artists to participate in 

the building project. Artists who receive 

Federal commissions work with the 

project architects and others as members 

of a design team are invited to 

participate to ensure that the artworks 

are meaningfully integrated into the 

overall project. GSA’s current 

procedures for this program can be 

found at https://www.gsa.gov/cdnstatic/ 

FINAL%20FOR%20ISSUANCE

%20081720%20- 

%20GSA%20ART%20IN%20

ARCHITECTURE%20

POLICIES%20AND%20

PROCEDURES%20-%20Copy.pdf. 

These procedures will be updated upon 

issuance of the final rule. The artist 

selection board is also referenced in the 

General Services Acquisition Manual 

(GSAM) section 536.7003–2, available at 

https://www.acquisition.gov/content/

part-536-construction-and-architectengineer-contracts#GSAM_536-7003-2. 

GSA maintains a public website 

showing the installed artwork 

commissioned by the Art in 

Architecture program, which is 

available at https://www.gsa.gov/finearts#/gallery/439. 

GSA’s intent to modify PBS policies 

in the final rule will allow the removal 

of the currently restrictive requirement 

to prioritize the commissioning of 

monuments portraying historically 

significant Americans, significant events 

in American history or illustrating the 

ideals upon which the Nation was 

founded with preference for a realistic 

style, while soliciting comments to 

increase civic engagement and enhance 

the diversity and equity of the Art in 

Architecture program. 

GSA recognizes this program is 

perhaps not as well known among 

various communities of artists and, with 

the publication of this rule, will be 

partnering with other Federal agencies 

to highlight the program across 

communities whose artists have not 

typically been represented in the 

Registry. With the publication of this 

rule, GSA is encouraging artists to apply 

to the Registry. 

Once an artist is chosen to 

commission a work of art under the 

procedures in GSAM section 536.70 

(available at https://

www.acquisition.gov/content/part-536- 

construction-and-architect-engineercontracts#id201HD50D01N), the artist 

must register in the System for 

Acquisition Management at https://

www.SAM.gov in accordance with 

Federal Acquisition Regulation (FAR) 

section 52.204–7 (available at https://

www.acquisition.gov/far/part-52#FAR_

52_204_7). 

III. Discussion of the Final Rule 

The elements GSA proposes to 

rescind are described in detail below 

together with the policy explanation in 

each instance. Section 1 of E.O. 14029, 

‘‘Revocation of Certain Presidential 

Actions and Technical Amendment,’’ 1

revoked E.O. 13934, ‘‘Building and 

Rebuilding Monuments to American 

Heroes.’’ 2 Section 2 directed GSA to 


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2020-14872/building-and-rebuilding-monumentsto-american-heroes. 

3 85 FR 60383 (Sept. 25, 2020), https://

www.federalregister.gov/documents/2020/09/25/ 

2020-20453/federal-management-regulation-fmrart-in-architecture. 

4 70 FR 67786 (Nov. 8, 2005), https://

www.federalregister.gov/documents/2005/11/08/05- 

21644/federal-management-regulation-realproperty-policies-update. 

consider rescinding any orders, rules, 

regulations, guidelines, or policies, or 

portions thereof, implementing or 

enforcing E.O. 13934. Id. 

To implement E.O. 13934, GSA issued 

a final rule on September 25, 2020.3

GSA has now made a determination, 

consistent with E.O. 14029, to revoke 

the regulatory amendments that 

implemented subsections 4(c), (d) and 

(e) of E.O. 13934 and restore the policies 

that were previously contained in part 

102–77 of the FMR.4

Subsection 4(c) of E.O. 13934 directed 

GSA, to the extent appropriate and 

consistent with applicable law, to 

prioritize projects resulting in the 

installation of a publicly accessible 

statue of historically significant 

Americans in communities where a 

statue depicting a historically 

significant American was removed or 

destroyed in 2020. 

Subsection 4(d) of E.O. 13934 

required GSA, in consultation with the 

Interagency Task Force for Building and 

Rebuilding Monuments to American 

Heroes, to revise its Art in Architecture 

program regulations to prioritize the 

commission of works of art that portray 

historically significant Americans or 

events of American historical 

significance or illustrate the ideals upon 

which our Nation was founded. Priority 

should be given to public-facing 

monuments to former Presidents of the 

United States and to individuals and 

events relating to the discovery of 

America, the founding of the United 

States, and the abolition of slavery. 

Such works of art should be designed to 

be appreciated by the general public and 

by those who use and interact with 

Federal buildings. 

Subsection 4(e) of E.O. 13934 further 

required, ‘‘When a statue or work of art 

commissioned pursuant to this section 

is meant to depict a historically 

significant American, the statue or work 

of art shall be a lifelike or realistic 

representation of that person, not an 

abstract or modernist representation.’’ 

GSA Art in Architecture policy 

documents outline the specific process 

by which the Federal Government 

commissions a work of art for a Federal 

building. These policy documents detail 

when an artwork is commissioned, the 

makeup of the panel that will 

recommend and review artist 

candidates, how artists can participate 

in the program, the criteria for 

evaluating candidates, and the artist’s 

development of an art concept. 

With this rule, §§ 102–77.21, 102– 

77.22, and 102–77.23 are removed in 

their entirety to comply with the 

direction in E.O. 14029 to consider 

revoking regulations that implemented 

the provisions of E.O. 13934. The title 

of part 102–77 remains as ‘‘Art in 

Architecture’’ instead of ‘‘Art-inArchitecture.’’ GSA has not used the 

hyphens when referring to this program 

for more than 15 years, including in 

publications, online and in 

correspondence. The change reflects 

this usage. 

GSA is also updating the definitions 

to be more inclusive of different visual 

arts styles and removing references to 

‘‘fine arts,’’ which may be interpreted by 

some to exclude certain styles and 

mediums of art and, therefore, many 

artists from consideration for 

commission. The broader definition of 

‘‘visual arts’’ better reflects current 

practice in the arts community and 

supports the goals of E.O. 13985. 

IV. Paperwork Reduction Act and 

Changes Proposed to the National Artist 

Registry 

The Paperwork Reduction Act (44 

U.S.C. 3501–3521) applies to this final 

rule. 

The Office of Management and Budget 

(OMB) Control Number 9000–0159, 

‘‘Information Collection; Central 

Contractor Registration,’’ supports FAR 

Clause 52.204–7, which requires an 

artist to register in the System for Award 

Management once they are selected and 

awarded a contract. GSA does not 

believe any revisions are needed to this 

information collection. 

GSA requested, and OMB has 

approved, revisions to OMB Control 

Number 3090–0274, ‘‘Art in 

Architecture Program National Artist 

Registry,’’ which supports the GSA 

Form 7437 used for additions to the 

Registry. GSA believes these revisions to 

the form and the information collection 

are needed to support the goals of E.O. 

13895. 

The annual public reporting burden 

for this collection of information 

through OMB Control Number 3090– 

0274, ‘‘Art in Architecture Program 

National Artist Registry’’ (GSA Form 

7437), is estimated based on the time for 

reviewing and completing the collection 

of information. GSA is planning to 

conduct an outreach program to 

promote the Art in Architecture 

program and the Registry. This is 

expected to increase the number of 

annual responses. 

Assumptions for reporting burden: 

• GSA estimates 850 responses in the 

first year of reporting based on half of 

the current Registry population. 

• 0.25 hours per response is 

estimated by the current time to submit 

artist information to the Registry. The 

changes to the form include additions 

and removals with the net result being 

no increase in time to complete the 

form. 

• GSA estimates 300 responses per 

year in the annual updates as estimated 

by the current annual responses. 

The reporting burden for the first year 

is estimated as follows: 

1. Initial Disclosure based on 

increased outreach by GSA to the artist 

community 

Estimated responses: 850. 

Estimated hours per response: 0.25. 

Total Initial Response Burden Hours: 

212.5. 

2. Annual Updates (years two and 

three) 

Estimated annual responses: 300. 

Estimated hours per response: 0.25. 

Total Update Response Burden Hours: 

75. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary; whether it will 

have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

V. Expected Impact of This Final Rule 

This final rule revokes the regulatory 

amendments that implemented 

subsections 4(c), (d) and (e) of E.O. 

13934 and restores policies that were 

previously contained in part 102–77 of 

the FMR. Accordingly, the only impact 

from the revocation of E.O. 13934 as 

effectuated by this final rule is the 

expansion of the styles of artwork under 

consideration for commissions within 

the Art in Architecture program. There 

are no other changes to the policies 

surrounding the consideration of artists. 

The number of new construction and 

prospectus-level renovation projects 

requiring an Art in Architecture 

commission per year depends on the 

number of prospectus-level new 

construction and major repairs and 

alterations projects approved by 


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5714 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 

5https://www.bls.gov/news.release/ 

empsit.t19.htm. 

6 Id. 

7 Id. 

Congress. The number of commissions 

and their value was not affected by the 

implementation of the prior rule nor is 

it expected to be impacted by this final 

rule. Historical averages denote an 

annual rate of 5 Art in Architecture 

projects per year with an average cost of 

$482,335 per project. 

A. Costs to the Public for Art in 

Architecture Panels 

The only substantive change in 

procedures due to this final rule is the 

consideration of all styles of artwork for 

commissioning. GSA analyzed the 

associated costs of the prior rule and 

this final rule and determined there is 

no additional cost to the public for the 

operation and composition of members 

for the Art in Architecture panels. For 

the model for both the prior rule and 

this final rule, GSA assumes two small 

businesses and two large businesses will 

continue to be members of the panel. 

For the model, GSA used the lead 

designer and the art peer remaining as 

the large businesses and the community 

representative and the community art 

representatives as the small businesses. 

These assumptions were validated by 

Art in Architecture staff’s review of the 

composition of previous panels. 

GSA calculated the total estimated 

cost for the lead designer, assuming an 

average hourly rate of $127.69 for a 

senior principal architect, for this part 

of the rule to be $10,215 (= 16 hours × 

$127.69 × 5) each year. 

GSA calculated the total estimated 

cost for the art peer, assuming an 

average hourly rate of $55.30, for this 

part of the rule to be $1,106 (= 4 hours 

× $55.30 × 5) each year. 

GSA calculated the total estimated 

cost for the community representative, 

assuming an average hourly rate of 

$68.13, for this part of the rule to be 

$1,363 (= 4 hours × $68.13 × 5) each 

year. 

GSA calculated the total estimated 

cost for the community art 

representative, assuming an average 

hourly rate of $55.30, for this part of the 

rule to be $1,106 (= 4 hours × $55.30 × 

5) each year. 

The cost to the public for the Art in 

Architecture panels remains the same 

from the prior rule and this final rule. 

B. Public Costs for the Submission of 

Artist Applications Containing Their 

Demographic Information to the 

National Artist Registry 

To align with the Administration’s 

policies and directives, artists within 

the Registry will be able to submit their 

demographic information through the 

Art in Architecture website. The 

provision of this additional information 

is optional and will be used to report on 

the demographic make-up of 

participants and their reflection to the 

Nation as a whole. Artists will also be 

able to indicate their status as a U.S. 

citizen and, in a change to the form, a 

lawful permanent resident. The section 

on media has been updated to reflect 

current art practice and specifications 

on materials have been eliminated. GSA 

estimated the burden to the current 

artists to be $11,807 (= 0.25 hours × 

$27.78 × 1,700) in the second year. GSA 

estimated the hourly rate of $27.78 for 

the artists by using the Bureau of Labor 

Statistics December 2021 average hourly 

earnings for other services.5

To support the Administration’s 

policies and directives, new artists will 

submit their information, including key 

demographic data points, through the 

Art in Architecture website. GSA 

estimated the burden to the new artists 

to be $5,903 (= 0.25 hours × $27.78 × 

850) in the second year. GSA estimated 

the hourly rate of $27.78 for the artists 

by using the Bureau of Labor Statistics 

December 2021 average hourly earnings 

for other services.6 GSA estimates the 

number of submissions will increase by 

35% due to the Administration’s efforts 

to heighten awareness of the Registry 

and motivate artists to register. This will 

help future assessments of the 

relationship between U.S. demographic 

trends and the composition of artists 

within the Registry. 

GSA calculated the estimated number 

of annual submissions under the prior 

rule by applying the ratio of estimated 

annual submissions against the 

Registry’s current population to the 

number of artists estimated by GSA to 

be able to be considered for a 

commission under the prior rule. GSA 

estimated 31 artists on an annual basis 

would have submitted information in 

year 2 of the analysis. Therefore, GSA 

calculated this cost to be $215 (= 0.25 

hours × $27.87 × 31). This final rule 

results in an incremental cost of $5,688 

in year 2 to the public. 

To support the Administration’s 

policies and directives, new artists will 

submit their information, including key 

demographic data points, through the 

Art in Architecture website. GSA 

estimated the burden to the new artists 

to be $2,084 (= 0.25 hours × $27.78 × 

300) in years 3–10. GSA estimated the 

hourly rate of $27.78 for the artists by 

using the Bureau of Labor Statistics 

December 2021 average hourly earnings 

for other services.7 GSA estimates the 

number of submissions will increase 

due to the Administration’s efforts to 

heighten awareness of the Registry and 

motivate artists to register. This will 

help future assessments of the 

relationship between U.S. demographic 

trends and the composition of artists 

within the Registry. 

GSA calculated the estimated number 

of annual submissions under the prior 

rule by applying the ratio of estimated 

annual submissions against the 

Registry’s current population to the 

number of artists estimated by GSA to 

be able to be considered for a 

commission under the prior rule. GSA 

estimated 31 artists on an annual basis 

would have submitted information in 

years 3–10 of the analysis. Therefore, 

GSA calculated this cost to be $215 (= 

0.25 hours × $27.87 × 31). This final rule 

results in an incremental cost of $1,869 

per year in years 3–10 to the public. 

The following is a summary of the 

estimated costs to the public calculated 

within a 10-year time horizon at a 3 and 

7 percent discount rate, respectively: 

Summary Total costs 

Present Value (3 percent) .... $28,857 

Annualized Costs (3 percent) 2,833 

Present Value (7 percent) .... 25,028 

Annualized Costs (7 percent) 2,374 

C. Government Costs 

Below is a list of activities related to 

regulatory familiarization that GSA 

anticipates will occur. 

1. Award of Art in Architecture 

Commissions 

As noted above, GSA gathered details 

of its Art in Architecture projects over 

the past five years. It was determined an 

average of 5 projects per year occur with 

an average cost of $482,335 per project. 

Therefore, GSA calculated the total 

estimated cost for this part of the rule 

to be $2,411,675 (= 5 × $482,335) each 

year. However, the difference in 

estimated cost between the prior rule 

and this final rule is negligible since 

these commissions were scheduled to be 

awarded under the prior rule, but to 

fewer potential artists. This final rule 

does not change the amount of funding 

allocated for each project, the number of 

commissions or the cost of projects and 

commissions. 

2. Workforce Training 

GSA calculates it will take one hour 

in the first year to review and train the 

workforce on the requirements of this 

final rule. GSA estimates this cost by 

multiplying the time required to train 

the workforce (Art in Architecture staff 

estimated their workforce to be 18 


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8 It is assumed the artist pool will increase by 300 

artists each year, with the Registry starting with an 

estimated 2,550 artists in year two. 

9Total costs calculated by GSA 

10 Id. 11 Id. 

individuals) by the estimated 

compensation, on average, of a GS–13. 

Therefore, GSA calculated the total 

estimated cost for this part of the rule 

to be $1,227 (= 1 hour × $68.18 × 18). 

GSA calculates it will take eight hours 

in the first year to create material to 

train the workforce on the requirements 

of this final rule. GSA estimates this 

cost by multiplying the time required to 

develop the material by the estimated 

compensation, on average, of a GS–14. 

Therefore, GSA calculated the total 

estimated cost for this part of the rule 

to be $644 (= 8 hours × $80.56 × 1). 

3. Procedures 

For each commissioned work of art, a 

panel composed of art professionals, 

civic and community representatives, 

the project’s lead design architect, GSA 

staff, and Federal occupant agency 

representatives will meet to discuss 

opportunities for artists to participate in 

the building project. 

GSA calculated the total estimated 

cost for the Art in Architecture staff to 

meet the requirements of this final rule 

for this part of the rule to be $128,896 

(= 5 × $80.56 × 320 hours) each year. 

GSA estimates this cost by multiplying 

the number of projects by the number of 

hours per project by the estimated 

compensation, on average, of a GS–14. 

GSA calculated the total estimated 

cost for regional staff to meet the 

requirements of this final rule for this 

part of the rule to be $34,090 (= 5 × 

$68.18 × 100 hours) each year. GSA 

estimates this cost by multiplying the 

number of projects by the number of 

hours per project by the estimated 

compensation, on average, of a GS–13. 

GSA calculated the total estimated 

cost for the United States District Court 

judges to meet the requirements of this 

final rule for this part of the rule to be 

$4,582 (= 2 × $143.20 × 16 hours) each 

year. GSA estimates this cost by 

multiplying the number of projects by 

the number of hours per project by the 

estimated compensation, on average, of 

a U.S. District Court judge. 

GSA calculated the total estimated 

cost for the Federal agency 

representative to meet the requirements 

of this final rule for this part of the rule 

to be $2,578 (= 2 × $80.56 × 16 hours) 

each year. GSA estimates this cost by 

multiplying the number of projects by 

the number of hours per project by the 

estimated compensation, on average, of 

a GS–14. 

GSA calculated the total estimated 

cost for the Federal occupant agency 

representative to meet the requirements 

of this final rule for this part of the rule 

to be $1,516 (= 1 × $94.76 × 16 hours) 

each year. GSA estimates this cost by 

multiplying the number of projects by 

the number of hours per project by the 

estimated compensation, on average, of 

a GS–15. 

GSA calculated the total estimated 

cost for GSA staff to review 

demographic information submitted to 

the Registry on an annual basis to be 

$1,150,542 (=2,550 8 × $68.18 × .5 hours) 

for years 2–10 for the analysis. GSA 

estimated the data to be reviewed by a 

GS–13 based on historical GSA staff 

responsibilities. 

GSA calculated the total estimated 

cost for GSA staff to compile a report of 

the submitted and reviewed 

demographic information from the 

Registry on an annual basis to be $80.56 

(= 1 × $80.56 × 1 hour) each year. GSA 

estimated the report to be compiled by 

a GS–14, as the staff member issuing the 

report would be a senior staff member 

based on historical GSA staff 

responsibilities. 

GSA calculated the total estimated 

cost for GSA staff to review available 

technologies to help automate data 

collection and production of artist 

demographics to be $4,131 (= 1 × $57.33 

× 8 hours). GSA estimated the review 

will be completed by a GS–12 based on 

historical GSA staff responsibilities. 

The estimated incremental effect of 

the change contemplated by this final 

rule is that the number of artists being 

considered would increase in year one 

from approximately 200 artists whose 

art would realistically depict a 

historically significant American to 

2,550 artists, with incremental increases 

averaging 300 artists per year in the 

subsequent years. This effect results in 

an incremental cost for the government 

to receive and process additional 

submissions to the Registry. GSA 

compared the estimated incremental 

effects and costs of this final rule against 

the estimated costs of the prior rule over 

a 10-year analysis and determined this 

final rule would increase costs to the 

Federal Government by $995,225.9

D. Government Total Costs 

It is assumed the government incurs 

a cost savings only in the first year after 

publication totaling $14,044.10 This 

estimated cost savings is generated by a 

reduction of time spent on policies and 

procedures by Art in Architecture staff 

and Regional Fine Arts Officers in the 

first year due to the implementation of 

this final rule. Due to the expanded data 

collection within the Registry and 

review of collected data in years 2–10, 

the government does not estimate to 

incur a cost savings in any year after the 

first year. Each year after the first year 

of publication, the annual cost to the 

government is assumed to be 

$112,141.11 The following is a summary 

of the estimated costs calculated for a 

10-year time horizon at a 3 and 7 

percent discount rate, respectively: 

Summary Total costs 

Present Value (3 percent) .... $818,859 

Annualized Costs (3 percent) 80,394 

Present Value (7 percent) .... 641,787 

Annualized Costs (7 percent) 60,887 

E. Benefits 

Art is a vital tool for civic engagement 

and participation, building social 

capital and encouraging civil discourse. 

It can be a critical investment in 

placemaking that engenders community 

pride and enables community 

development. Due to the prior rule’s 

more restrictive requirements in terms 

of content and style of art to depict a 

person or event of historical significance 

realistically, only 201 artists met these 

requirements. With this final rule, the 

pool of artists will expand to all 1,700 

members of the Registry regardless of 

style or medium used. The removal of 

the content and style requirements 

increases the opportunity for all artists 

to participate in the program and be 

considered for commissions. With 

GSA’s additional outreach, which will 

begin with publication of this rule, GSA 

believes the number of artists within the 

Registry will grow each year, thereby 

furthering GSA’s ability to select a style 

of art representative of the community 

in which it will be commissioned. 

Therefore, this final rule will align the 

Registry and the Art in Architecture 

program with the goals of E.O. 13985. It 

will increase GSA’s ability to connect 

with local communities and reflect the 

values, culture and composition of an 

area in the commissioned art. It will 

also allow for a potential expansion of 

professional opportunities for a more 

diverse set of artists, if their work is 

chosen. 

F. Overall Total Additional Costs of This 

Final Rule 

The overall total additional 

undiscounted cost of this final rule is 

estimated to be $1,027,672 over a tenyear period including the estimated cost 

savings in the first year. 


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5716 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 

Analysis of Alternatives 

The preferred alternative is the 

process laid out in the analysis above. 

However, GSA has analyzed three 

alternatives to the preferred process. 

Alternative 1: GSA could decide to 

take no regulatory action. No action 

from the government would lead to 

fewer artists and artistic styles 

considered for a commission and would 

be inconsistent with the President’s 

direction to agencies in E.O. 13985. The 

public and Government would not incur 

the additional costs associated with this 

final rule; however, the benefits of an 

increased Registry outweigh the 

incremental costs. As a result, GSA 

rejected this alternative. 

Alternative 2: GSA could take limited 

regulatory action based on the policy 

direction of E.O. 13985. However, this 

alternative would limit GSA’s ability to 

select any medium of art and would 

limit the expected impact to 

communities and public buildings, 

which would not fully be consistent 

with the President’s direction to 

agencies in E.O.13985. The public and 

Government would incur a lower cost 

associated with this final rule; however, 

the benefits of an increased Registry 

outweigh the incremental costs. As a 

result, GSA rejected this alternative. 

Alternative 3: GSA could create its 

own standards in addition to the policy 

direction of E.O. 13985 to commission 

works of art. However, this alternative 

would possibly produce a burden to the 

Government and the community due to 

regulatory requirements. It is assumed 

the costs associated with this alternative 

would result in a greater incremental 

cost to the public and Government than 

what is deemed necessary by GSA to 

issue this final rule. As a result, GSA 

rejected this alternative. 

VI. Administrative Procedure Act 

This rulemaking is exempt from the 

advance notice-and-comment and 

delayed-effective-date requirements of 

the Administrative Procedure Act 

pursuant to 5 U.S.C. 553(a)(2), because 

this rulemaking relates to agency 

management or personnel or to public 

property, loans, grants, benefits, or 

contracts. This rulemaking relates to 

GSA’s agency management because it 

only involves the internal processes of 

the Art in Architecture program, which 

applies only to GSA or Federal agencies 

acting under a delegation of authority 

from GSA. This rulemaking also relates 

to public property because it applies to 

federally owned facilities under the 

jurisdiction, custody and control of GSA 

and the work of art itself is governmentowned. 

VII. Request for Public Comment 

In addition to the changes discussed 

with this final rule, GSA requests 

comment on the following questions to 

better understand how the Art in 

Architecture program can promote the 

goals articulated in E.O. 13985, as well 

as promoting civic engagement and 

participation and democratic values, 

and advancing social ties and economic 

development at the community level. 

GSA is asking for public input on 

what steps the GSA Art in Architecture 

program can take that the agency is not 

already taking to: 

• Consider the interests and 

perspectives of and proactively engage 

underserved communities during the 

commissioning process for a work of 

art? 

• Increase the number and diversity 

of artists who are considered and 

shortlisted when commissioning a work 

of art? 

• Understand the local community so 

that its interests and diversity can be 

taken into account in the 

commissioning process for a work of 

art? 

• Quantify the benefits from 

increased diversity and equity of the 

artists considered for the Art in 

Architecture program? 

• Enable the commissioned work of 

art to be accessed by all members of the 

community? 

• Conduct outreach efforts to identify 

artists who are veterans, who are small 

or disadvantaged business owners, or 

who have a disability to encourage them 

to join the Registry? 

• Strengthen public participation 

engagement of the local community in 

the commissioning process for a work of 

art? 

• Define ‘‘community’’ for the 

purpose of reflecting the people and 

cultural aspects of a place in the 

commissioned art? 

• Ensure that the commission reflects 

the community in which it will be 

located? 

• Modify the information collected in 

the Registry beyond what is discussed 

in this rule to enable GSA to measure 

how the program aligns with the 

priorities of equity and inclusion of 

underserved communities? 

• Actively promote the Registry to 

remove barriers for the widest possible 

spectrum of eligible artists (i.e., U.S. 

citizens and lawful permanent 

residents) to learn about and join the 

Registry and be considered for 

commissions? 

• Create more learning and 

professional opportunities for emerging 

artists through commissions or other 

steps? 

• Take advantage of the expertise and 

capacities of other Federal agencies, 

including the National Endowment for 

the Arts, and State and local arts 

agencies in implementing the Art in 

Architecture program? 

• Ensure the Art in Architecture 

program advances democratic values 

and strengthens the experience of 

democracy and inclusion in America? 

To understand the exact scope of the 

impact of this final rule and the effect 

of this impact, GSA welcomes input on 

the following assumptions and 

questions regarding the anticipated 

impact on affected parties. 

D Assumption 1: GSA estimates that 

this final rule will not impact the 

commissioning of works of art. If this 

assumption is not correct, are there 

artists to which this rule will cause 

significant impact or disruption? 

D Assumption 2: The impact of this 

rule will not significantly change the 

way GSA interacts with the Registry. If 

this assumption is not correct, to what 

extent will this final rule, specifically 

the revised elements of part 102–77 of 

the FMR, change how GSA interacts 

with the Registry? 

VIII. Executive Orders 12866 and 13563 

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 final rule is a significant 

regulatory action and, therefore, was 

subject to review under subsection 6(b) 

of E.O. 12866, ‘‘Regulatory Planning and 

Review,’’ dated September 30, 1993. 

IX. Congressional Review Act 

This final rule is not a major rule 

under 5 U.S.C. 804(2). Subtitle E of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (codified at 5 

U.S.C. 801–808), also known as the 

Congressional Review Act or CRA, 

generally provides that before a 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 under the 

CRA cannot take effect until 60 days 

after it is published in the Federal 

Register. The OMB Office of 

Information and Regulatory Affairs has 

determined that this final rule is not a 


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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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