Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 11589 

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 Ohio, by revising the 

entry for Toledo to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

OHIO 

* * * * * 

Toledo ................................... 11, 13, 23, 26, 

* 29, 35 

[FR Doc. 2022–04311 Filed 3–1–22; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 538 and 552 

[GSAR Case 2020–G537; Docket No. 2022– 

0008; Sequence No. 1] 

RIN 3090–AK32 

General Services Administration 

Acquisition Regulation (GSAR); Order 

Level Material Clarifications 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is issuing a final 

rule amending the General Services 

Administration Acquisition Regulation 

(GSAR) to remove unnecessary language 

regarding approvals and travel and to 

correct citation and acronym references 

relating to order level materials. 

DATES: Effective: April 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Megan Huppee or Mr. Bryon Boyer, 

GSA Acquisition Policy Division, for 

clarification of content at gsarpolicy@

gsa.gov. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite GSAR Case 2020– 

G537. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Order Level Materials (OLMs) are 

supplies and/or services acquired in 

direct support of an individual task or 

delivery order placed against a Federal 

Supply Schedule (FSS) contract or FSS 

blanket purchase agreement (BPA), 

when the supplies and/or services are 

not known at the time of FSS contract 

or FSS BPA award. OLMs must be 

acquired following the procedures in 

GSAR subpart 538.72. OLMs are 

currently approved for 59 subcategories 

under FSS contracts, see https://

www.gsa.gov/olm. The GSAR currently 

requires the Senior Procurement 

Executive’s (SPE) authorization for 

further use of OLMs under FSS. GSA is 

removing this requirement from the 

GSAR to provide revised internal 

operating guidance in the nonregulatory GSA Acquisition Manual 

(GSAM). 

GSA is removing references from the 

OLM clause at 552.238–115 to the 

Federal Travel Regulation (FTR) because 

those references unnecessarily conflate 

travel as being an order level material 

and complicate the procedures for 

ordering activities and contracting 

officers. 

GSA is also updating the GSAR to 

accurately reflect terminology, 

acronyms, citations, and references in 

conformance with the new consolidated 

FSS schedule procedures (more 

information available at: https://

www.gsa.gov/schedule). 

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 

After an internal review of existing 

policy, GSA is removing the 

requirement for GSA SPE authorization 

for use of OLMs on FSS, because it is 

unnecessary and administratively 

burdensome to the agency. Revised 

operating guidance which will provide 

for a lower level of approval, will now 

be provided in the non-regulatory 

GSAM, because these are internal 

procedures only, and as a result 

references to changes to OLM 

procedures are removed from the GSAR. 

GSAR clause 552.238–115, Special 

Ordering Procedures for the Acquisition 

of Order-Level Materials prescribes 

procedures for including OLMs when 

placing an order against an FSS contract 

or FSS BPA and references travel. The 

reference to travel in the clause, 

implying that it is an OLM, has caused 

confusion for contracting officers. To 

simplify acquisition procedures, this 

final rule removes travel from the OLM 

clause to allow ordering activities and 

contractors to include travel at the order 

level in accordance with Federal 

Acquisition Regulations Part 31 and 

may also include requirements from the 

FTR. 

IV. Executive Order 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 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 

OIRA has determined that this 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 

‘‘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 

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 under the CRA 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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 it does not have a 

significant effect or impose any new 

requirements on contractors or offers, 

the rule merely corrects citation 


lotter on DSK11XQN23PROD with RULES1
11590 Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations 

references, removes confusing 

references for travel, and removes 

inconsistent language for authorizations 

for OLMs. 

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 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 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 

538.7201 [Removed and Reserved] 

■ 2. Remove and reserve section 

538.7201. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 552.238–115 by— 

■ a. Revising the date of the clause; 

■ b. In paragraph (a), in the definition of 

‘‘Order-level materials’’ by removing the 

words ‘‘materials means’’ and adding 

‘‘materials, as used in this clause’’ and 

in the third sentence removing the 

phrase ‘‘this section’’ and adding the 

phrase ‘‘this clause’’ in its place; 

■ c. Revising paragraph (d)(2); 

■ d. Removing from paragraph (d)(4) the 

phrase ‘‘FSS contract’’, and adding the 

phrase ‘‘FSS Contract,’’ in its place. 

■ e. Removing from paragraph (d)(6) the 

phrase ‘‘follow procedures’’ and adding 

the phrase ‘‘follow the procedures’’ in 

its place; 

■ f. Removing from paragraph (d)(7)(i) 

introductory text the word ‘‘contractor’’ 

and adding the word ‘‘Contractor’’ in its 

place; 

■ g. Removing from paragraph 

(d)(7)(i)(A) the phrase ‘‘contractor under 

FAR 52.212–4 Alt I (i)(1)(ii)(A)’’ and 

adding the phrase ‘‘Contractor under 

paragraph (i)(1)(ii)(A) of FAR clause 

52.212–4 Alternate I’’ in its place; 

■ h. Removing from paragraph 

(d)(7)(i)(B) the word ‘‘contractor’’ and 

adding the word ‘‘Contractor’’ in its 

place wherever it appears, and removing 

the word ‘‘its’’; 

■ i. Revising paragraph (d)(7)(i)(C); 

■ j. Removing from paragraph (d)(7)(iii) 

the phrase ‘‘FAR 52.212–4(i)(1)(ii)(D)(2) 

Alternate I’’ and adding the phrase 

‘‘paragraph (i)(1)(ii)(D)(2) of FAR clause 

52.212–4 Alternate I’’ in its place; 

■ k. Removing from paragraph (d)(9) the 

phrases ‘‘by GSA’’ and ‘‘compliance 

with the IFF’’ and adding the phrases 

‘‘by GSA (Federal Supply Schedules)’’ 

and ‘‘compliance with the Industrial 

Funding Fee (IFF)’’ in their places 

respectively; 

■ l. Removing from paragraph (d)(10) 

introductory text the phrase ‘‘OLMs’’ 

and adding the phrase ‘‘Order-level 

materials’’ in its place; 

■ m. Removing from paragraph 

(d)(10)(ii) the phrase ‘‘FSS Schedule 

Pricelists’’ and adding ‘‘Federal Supply 

Schedule (FSS) Price Lists’’ in its place; 

and 

■ n. Removing paragraph (d)(11). 

The revisions read as follows: 

552.238–115 Special Ordering Procedures 

for the Acquisition of Order-Level Materials 

* * * * * 

Special Ordering Procedures for the 

Acquisition of Order-Level Materials (Apr 

2022) 

* * * * * 

(d) * * * 

(2) Order-level materials are included in 

the definition of the term ‘‘material’’ in FAR 

clause 52.212–4 Alternate I, and, therefore, 

all provisions of FAR clause 52.212–4 

Alternate I that apply to ‘‘materials’’ also 

apply to order-level materials. 

* * * * * 

(7) * * * 

(i) * * * 

(C) A Contractor with an approved 

purchasing system, per FAR subpart 44.3, 

shall instead follow its purchasing system 

requirement and is exempt from the 

requirements in paragraphs (d)(7)(i)(A) and 

(B) of this clause. 

* * * * * 

[FR Doc. 2022–04287 Filed 3–1–22; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 220223–0053] 

RIN 0648–BL26 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

final rule. 

SUMMARY: NMFS is implementing a 

temporary emergency rule to prohibit 

trap/pot fishery buoy lines between 

Federal and State waters within the 

Massachusetts Restricted Area during 

the month of April 2022 to reduce the 

incidental mortality and serious injury 

to North Atlantic right whales 

(Eubalaena glacialis) in commercial 

lobster and Jonah crab trap/pot fisheries. 

This emergency rule is necessary to 

reduce the risk of right whale mortality 

and serious injury in buoy lines in an 

area with a high co-occurrence of 

whales and buoy lines. 

DATES: Effective April 1, 2022, through 

April 30, 2022. 

ADDRESSES: Copies of the documents 

associated with this emergency rule are 

available at https://

www.fisheries.noaa.gov/alwtrp or by 

emailing Marisa Trego at marisa.trego@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marisa Trego, 978–282–8484, 

marisa.trego@noaa.gov, Colleen Coogan, 

978 281–9181, colleen.coogan@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The North Atlantic right whale 

(Eubalaena glacialis, hereafter referred 

to as right whale) population has been 

in decline since 2010, with the most 

recent published estimate of right whale 

population size in 2019 at 368 whales 

(±11) with a strong male bias (Pace et al. 

2017, Pace 2021). Preliminary 2020 and 

2021 data suggest the decline has 

continued and that fewer than 350 

individuals remain (Pettis et al. 2022). 

Though this population estimate is not 

final and still undergoing final peer 

review, it relies upon the same peerreviewed population models used in 


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