Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Rules and Regulations 10313 

appropriate circuit by April 25, 2022. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 15, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(336)(i)(B)(2) and 

(3) and (c)(569) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(336) * * * 

(i) * * * 

(B) * * * 

(2) Previously approved on October 

25, 2005, in paragraph (c)(336)(i)(B)(1) 

of this section and now deleted with 

replacement in (c)(569)(i)(A)(1), Rule 

47.6 adopted on November 11, 2003. 

(3) Previously approved on October 

25, 2005, in paragraph (c)(336)(i)(B)(1) 

of this section and now deleted with 

replacement in (c)(569)(i)(A)(2), Rule 

47.6.1 adopted on November 11, 2003. 

* * * * * 

(569) Amended regulations for the 

following APCDs were submitted on 

July 26, 2021 by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) Ventura County Air Pollution 

Control District 

(1) Rule 74.6 ‘‘Surface Cleaning and 

Degreasing,’’ revised on November 10, 

2020. 

(2) Rule 74.6.1 ‘‘Batch Loaded Vapor 

Degreasers,’’ amended on November 10, 

2020. 

(B) [Reserved] 

(ii) [Reserved] 

[FR Doc. 2022–03689 Filed 2–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 538 and 552 

[GSAR Case 2020–G509; Docket No. GSA– 

GSAR 2021–0015; Sequence No. 1] 

RIN 3090–AK19 

General Services Administration 

Acquisition Regulation (GSAR); 

Extending Federal Supply Schedule 

Orders Beyond the Contract Term 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: GSA is issuing a final rule 

amending the General Services 

Administration Acquisition Regulation 

(GSAR) to incorporate existing internal 

GSA Federal Supply Schedule (FSS) 

policy concerning the option to extend 

the term of the contract and the 

performance of orders beyond the term 

of the base FSS contract. 

DATES: Effective March 28, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas O’Linn, Procurement Analyst, 

at gsarpolicy@gsa.gov for clarification of 

content. 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 2020–G509. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA published a proposed rule at 86 

FR 48617 on August 31, 2021, to amend 

the GSAR to incorporate existing 

internal Federal Supply Schedule (FSS) 

policy concerning the option to extend 

the term of the contract and 

performance of orders beyond the term 

of the base FSS contract. Specifically, 

this rule incorporates into the GSAR 

FSS clause I–FSS–163, Option to Extend 

the Term of the Contract (Evergreen), 

and FSS policy concerning standard fillin information for paragraph (d) of FAR 

clause 52.216–22, Indefinite Quantity. 

II. Discussion and Analysis 

A. Summary of Significant Changes 

There are no significant changes from 

the proposed rule. However, two minor 

editorial changes have been made. The 

two minor editorial changes are as 

follows: 

• Removal of the proposed changes to 

517.207 from the final rule. The reason 

is because 517.207 is no longer 

regulatory as the section was made nonregulatory under a final rule published 

at 86 FR 28499 on May 27, 2021, and 

corrected at 86 FR 61079 published on 

November 5, 2021; and 

• Change the prescription language 

for GSAR Clause 552.238–116, Option 

to Extend the Term of the FSS Contract, 

noted at section 538.238(d)(36). The 

final rule changes the prescription from 

‘‘Use in all FSS solicitations and 

contracts’’ to ‘‘Use in FSS solicitations 

and contracts when appropriate.’’ This 

change recognizes that not all FSS 

contracts are five year contracts with 

three five year options (e.g., VA 

Schedules). 

B. Analysis of Public Comments 

No public comments were received in 

response to the proposed rule. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been reviewed 

and determined by Office of 

Management and Budget (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. 

IV. 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. The General Services 

Administration will submit a report 


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10314 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Rules and Regulations 

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. 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). 

V. Regulatory Flexibility Act 

GSA does not expect this final rule to 

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. 

Therefore, a Final Regulatory 

Flexibility Analysis has not been 

performed. GSA invites comments from 

small business concerns and other 

interested parties on the expected 

impact of this rule on small entities. 

GSA will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by the rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (GSAR Case 2020–G509), in 

correspondence. 

VI. Paperwork Reduction Act 

This final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 538 and 

552 

Government procurement. 

Jeffrey 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 

■ 2. Revise section 538.270 heading to 

read as follows: 

538.270 Solicitation, evaluation, and award 

of Federal Supply Schedule (FSS) 

contracts. 

■ 3. Amend section 538.273 by adding 

paragraphs (d)(36) and (e) to read as 

follows: 

538.273 FSS solicitation provisions and 

contract clauses. 

* * * * * 

(d) * * * 

(36) 552.238–116, Option to Extend 

the Term of the FSS Contract. Use in 

FSS solicitations and contracts when 

appropriate. 

(e) Insert the following fill-in 

information within the blank of 

paragraph (d) of FAR clause 52.216–22, 

Indefinite Quantity: ‘‘the completion of 

customer order, including options, 60 

months following the expiration of the 

FSS contract ordering period’’. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add section 552.238–116 to read as 

follows: 

552.238–116 Option to Extend the Term of 

the FSS Contract. 

As prescribed in 538.273(d)(36), insert 

the following clause: 

Option To Extend the Term of the FSS 

Contract (Mar 2022) 

(a) The Government may require continued 

performance of this contract for an additional 

5 year period. This option may be exercised 

up to three times. 

(b) The Contracting Officer may exercise 

the option by providing written notice to the 

Contractor 30 days before the contract 

expires. 

(End of clause) 

[FR Doc. 2022–03808 Filed 2–23–22; 8:45 am] 

BILLING CODE 6820–61–P 


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