Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51773 

steps to verify compliance with these 

requirements; 

(3) A document verifying that the 

organization shall provide chaplains 

who shall function in a pluralistic 

environment, and who shall support 

directly and indirectly the free exercise 

of religion by all veterans, their family 

members, and other persons authorized 

to be served by VA; 

(4) That it agrees to abide by all VA 

Directives, Instructions, and other 

guidance, regulations and policies on 

the qualification and endorsement of 

ministers for service as VA chaplains; 

(5) Documentation that states the 

structure of the organization, including 

copies of the articles of incorporation, 

by-laws and constitution, membership 

requirements of the organization, if any, 

the religious beliefs and practices of the 

organization, and the organization’s 

requirements to become clergy; and 

(6) The name and address of the 

individual who is applying to become a 

VA chaplain. 

(e) Approval of request to designate 

an ecclesiastical endorsing official. If an 

ecclesiastical endorsing organization 

meets the requirements of paragraph (c) 

of this section and has submitted the 

documents stated in paragraph (d) of 

this section, VA will notify the 

organization in writing that such 

organization has been designated as an 

ecclesiastical endorsing organization. 

The designation will be for a period of 

3 years from the date of notification. 

Once an organization is designated as an 

ecclesiastical endorsing organization, 

VA will accept ecclesiastical 

endorsements from that organization 

without requiring any further 

documentation from the organization 

during the 3 year period, unless VA 

receives evidence that an organization 

no longer meets the requirements of this 

section. VA will only take action on an 

initial request to designate an 

ecclesiastical endorsing official when 

VA receives an application from an 

individual who is seeking employment 

as a VA chaplain or is seeking to be 

engaged under VA contract or appointed 

as on-facility fee basis VA chaplains 

under 38 U.S.C. 7405. 

(f) Reporting requirement. (1) To 

certify that VA chaplains continue to be 

endorsed by an ecclesiastical endorsing 

organization, such organization must 

provide VA an alphabetical listing of 

individuals who are endorsed by that 

endorsing organization and are 

employed as VA chaplains or are 

engaged by VA under contract or 

appointed as on-facility fee basis VA 

chaplains under 38 U.S.C. 7405 by 

January 1 of every calendar year. 

(2) In order for VA to continue to 

recognize an ecclesiastical endorsing 

organization, such organization must 

provide written documentation that it 

continues to meet the requirements of 

this section every 3 years. 

(g) Rescission of ecclesiastical 

endorsing organization. VA may rescind 

an organization’s status as an 

ecclesiastical endorsing organization 

and refuse to accept ecclesiastical 

endorsements from such organization if 

it no longer meets the requirements of 

paragraph (c) of this section. VA will 

take the following steps before it 

rescinds the organization’s status: 

(1) VA will give the ecclesiastical 

endorsing organization written notice 

stating the reasons for the rescission and 

give the organization 60 days to provide 

a written reply addressing VA’s 

concerns. 

(2) VA will notify the ecclesiastical 

endorsing organization and all VA 

chaplains endorsed by the organization 

in writing of its decision after VA 

reviews the evidence provided by the 

organization or after the 60 day time 

period has expired, whichever comes 

first. 

(3) Ecclesiastical endorsing 

organizations that are notified that they 

may no longer endorse individuals for 

VA chaplaincy because they do not 

meet the requirements of paragraph (c) 

of this section must resubmit all of the 

evidence stated in paragraph (d) of this 

section in order to be reconsidered as an 

endorsing organization. 

(4) If an ecclesiastical endorsing 

organization is no longer able to endorse 

individuals for VA chaplaincy in 

accordance with this section, all 

ecclesiastical endorsements issued by 

that organization are considered to be 

withdrawn. 

(The Office of Management and Budget 

has approved the information collection 

requirements in this section under 

control number 2900–0852.) 

[FR Doc. 2017–24320 Filed 11–7–17; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 4, 9, 17, 22, 42, and 52 

[FAC 2005–96; FAR Case 2017–015; Docket 

No. 2017–0002; Sequence No. 1] 

RIN 9000–AN52 

Federal Acquisition Regulation; 

Removal of Fair Pay and Safe 

Workplaces Rule Republication 

Editorial Note: Rule document 2017–23590 

originally published on pages 51527 through 

51531 in the issue of Monday, November 6, 

2017, with an extraneous web address 

inadvertently inserted. The corrected 

document is published here in its entirety. 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement a public law that 

disapproved the final rule, Fair Pay and 

Safe Workplaces (FAR Case 2014–025), 

and an Executive Order (E.O.) dated 

March 27, 2017, that rescinded the prior 

Executive orders authorizing that rule. 

DATES:

Effective date: November 6, 2017. 

Applicability dates: See section I.F of 

the Supplementary Information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Zenaida Delgado, Procurement Analyst, 

at 202–969–7207 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755. Please cite FAC 2005– 

96, FAR Case 2017–015. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The FAR Rule Implementing E.O. 

13673 

FAR Case 2014–025 implemented 

E.O. 13673, Fair Pay and Safe 

Workplaces, dated July 31, 2014 (79 FR 

45309, August 5, 2014), amended by 

section 3 of E.O. 13683, dated December 

11, 2014 (79 FR 75041, December 16, 

2014) and E.O. 13738, dated August 23, 

2016 (81 FR 58807, August 26, 2016). 

The FAR Case final rule was 

published in the Federal Register on 

August 25, 2016, at 81 FR 58562. It was 

to be effective on October 25, 2016. 


ethrower on DSK3G9T082PROD with RULES
51774 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 

Certain aspects of the rule were to be 

phased in. For example, the clause at 

FAR 52.222–60, Paycheck Transparency 

(Executive Order 13673), was to be 

inserted in solicitations starting January 

1, 2017, if the estimated value of the 

resultant contract was to exceed 

$500,000. 

The Department of Labor (DOL) 

published ‘‘Guidance for Executive 

Order 13673, ‘Fair Pay and Safe 

Workplaces’ ’’ on the same day as the 

FAR final rule was published (81 FR 

58653). 

B. Injunction and Federal Acquisition 

Regulatory Council Memorandum 

On October 7, 2016, the Associated 

Builders and Contractors of Southeast 

Texas, Inc., the Associated Builders and 

Contractors, Inc., and the National 

Association of Security Companies filed 

a lawsuit in the United States District 

Court for the Eastern District of Texas 

(Civil Action No. 1:16–CV–425) seeking 

to overturn the final rule. On October 

13, 2016, the plaintiffs filed an 

‘‘Emergency Motion for Temporary 

Restraining Order and Preliminary 

Injunction.’’ 

On October 24, 2016, the District 

Court issued a ‘‘Memorandum and 

Order Granting Preliminary Injunction.’’ 

The Court Order (on page 31) stated: 

‘‘Defendants are enjoined [from] 

implementing any portion of the FAR 

Rule or the DOL Guidance relating to 

the new reporting and disclosure 

requirements regarding labor law 

violations as described in E.O. 13673 

and implemented in the FAR Rule and 

DOL Guidance. Further, Defendants are 

enjoined from enforcing the restriction 

on arbitration agreements.’’ 

The Court Order did not enjoin the 

Paycheck Transparency clause, FAR 

52.222–60. Starting January 1, 2017, this 

clause was prescribed for solicitations if 

the estimated value of the resultant 

contract would exceed $500,000. 

On October 25, 2016, the Federal 

Acquisition Regulatory Council issued a 

memorandum to the Chief Acquisition 

Officers, Senior Procurement 

Executives, Defense Acquisition 

Regulations Council, and Civilian 

Agency Acquisition Council directing 

that all steps necessary be taken to 

ensure that the enjoined sections, 

provisions, and clauses of the final rule 

would not be implemented until such 

time as the injunction is terminated. 

The Council enumerated specific steps 

to be taken at a minimum, including the 

following: 

1. Ensure that new solicitations do not 

include representations or clauses that the 

enjoined coverage of the rule would have 

required—i.e., the representation at FAR 

52.222–57 and its commercial items version 

at paragraph (s) of 52.212–3, 52.222–58 and 

52.222–59, which would have directed 

disclosure of labor law violation decisions by 

offerors or contractors, and 52.222–61, which 

would have required an offeror or contractor 

to agree to restrict the use of mandatory predispute arbitration agreements. 

2. If a solicitation had been issued with 

representations or clauses listed in the 

previous paragraph 1, amend those 

solicitations immediately to remove those 

representations and clauses. Additionally, 

agencies were directed not to take any action 

on information, if any, submitted in response 

to those representations and clauses. 

3. Ensure that contracting officers do not 

implement the procedures in FAR 22.2004– 

2, 22.2004–3, 22.2004–4, or associated 

changes in FAR parts 9 and 42. 

The FAR Council requested that 

agencies share these instructions widely 

among their workforces and posted the 

Memorandum online. Also, the DOL reposted the Memorandum at the top of 

its then-existing information page on the 

Fair Pay and Safe Workplaces E.O. 

In further compliance with the terms 

of the Court Order, as explained by the 

FAR Council in its October 25, 2016 

Memorandum, GSA’s Integrated Award 

Environment immediately ceased all 

actions to release the changes for the 

System for Award Management (SAM) 

that would have supported bidder and 

contractor submission of information on 

labor law violation decisions, as well as 

the changes that would have supported 

public disclosure of this information in 

the Federal Awardee Performance and 

Integrity Information System (FAPIIS). 

C. FAR Rule Implementing the 

Injunction 

As an additional step to ensure full 

awareness of, and compliance with, the 

Court Order, DoD, GSA, and NASA, on 

behalf of the FAR Council, took a more 

comprehensive administrative action to 

amend the August 25, 2016, final rule to 

include caveats throughout the rule for 

each section, provision, and clause that 

was enjoined by the terms of the Court 

Order. On December 16, 2016, the rule 

implementing the injunction was 

published as a final rule (81 FR 91636). 

The Court Order did not enjoin 

implementation of the coverage on 

paycheck transparency; therefore, the 

December 16, 2016, amendments did 

not impact this aspect of the rule. 

Starting January 1, 2017, this clause was 

prescribed for solicitations if the 

estimated value of the resultant contract 

was to exceed $500,000. 

D. H.J. Res. 37 (Pub. L. 115–11) 

In March 2017, under the 

Congressional Review Act (5 U.S.C. 

chapter 8), Congress passed House Joint 

Resolution 37 (Pub. L. 115–11), which 

stated the following: 

Resolved by the Senate and House of 

Representatives of the United States of 

America in Congress assembled, That 

Congress disapproves the rule submitted by 

the Department of Defense, the General 

Services Administration, and the National 

Aeronautics and Space Administration 

relating to the Federal Acquisition Regulation 

(published at 81 FR 58562 (August 25, 

2016)), and such rule shall have no force or 

effect. 

On March 27, 2017, House Joint 

Resolution 37 was signed into law and 

became Public Law 115–11. 

Under 5 U.S.C. 801(b)(1), a rule shall 

not take effect or continue if the 

Congress enacts a joint resolution of 

disapproval, described under 5 U.S.C. 

802. Under 5 U.S.C. 801(f), any rule that 

takes effect and later is made of no force 

or effect by enactment of a joint 

resolution under section 802 shall be 

treated as though such rule had never 

taken effect. 

Congress disapproved the entire FAR 

rule that was published on August 25, 

2016. 

As a result, the rule being published 

today removes that entire rule including 

the amendments published on 

December 16, 2016. 

By statute, the rule shall be treated as 

if it had never taken effect. Only FAR 

52.222–60, Paycheck Transparency 

(Executive Order 13673), had gone into 

effect; it was authorized to be included 

in solicitations starting on January 1, 

2017, and may have been included in 

recently awarded contracts. This and all 

other Fair Pay and Safe Workplaces 

provisions and clauses are 

unenforceable. See the Applicability 

paragraph under Dates at the beginning 

of this preamble for instructions to 

contracting officers on removal of the 

clause. 

E. Executive Order 13782 

On March 27, 2017, the same date on 

which H.J. Res 37 was signed, President 

Trump signed E.O. 13782 (82 FR 15607, 

March 30, 2017). This E.O. revoked E.O. 

13673, section 3 of E.O. 13683, and E.O. 

13738, which were the authority for the 

Fair Pay and Safe Workplaces rule. E.O. 

13782 also directed reconsideration of 

existing rules, regulations, guidance, 

guidelines, or policies implementing or 

enforcing E.O. 13673, section 3 of E.O. 

13683, and E.O. 13738. The rule 

published today also implements E.O. 

13782. 

Public Law 115–11 and E.O. 13782 

did not specifically address the DOL 

Guidance. However, that Guidance has 

no legal effect in the absence of the FAR 

rule. Accordingly, the DOL is 


ethrower on DSK3G9T082PROD with RULES
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51775 

publishing its own notice rescinding the 

DOL Guidance pursuant to Public Law 

115–11 and E.O. 13782. 

F. Applicability 

This rule applies to solicitations 

issued and contracts awarded before, 

on, or after October 25, 2016—i.e., the 

effective date of the final FAR rule 

published in the Federal Register at 81 

FR 58562 on August 25, 2016. All 

clauses identified in the final FAR rule 

are unenforceable by law and 

considered to have never taken effect, 

even if they were included in a contract. 

Contracting officers are directed to 

modify, to the maximum extent 

practicable, existing contracts to remove 

any solicitation provisions and contract 

clauses related to the Fair Pay and Safe 

Workplaces rule because they are 

unenforceable by law. Since the FAR 

52.222–60 clause, Paycheck 

Transparency (Executive Order 13673), 

had gone into effect, starting on January 

1, 2017, that clause will need to be 

removed if it was included. Other 

provisions, i.e., paragraph(s) of FAR 

52.212–3, 52.222–57, 52.222–58, 

52.222–59, and 52.222–61, had been 

enjoined by a Court order prior to their 

effective date and should not have been 

incorporated into contracts. 

II. 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. The rule being removed (FAR 

Case 2014–025) was a significant 

regulatory action and, therefore, was 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. It 

was a major rule under 5 U.S.C. 804. 

This rule being published today is a 

significant regulatory action and, 

therefore, was subject to review under 

Section 6(b) of E.O. 12866; it has been 

determined to be a major rule under 5 

U.S.C. 804. This rule removes a prior 

rule that had been considered a major 

rule. 

The Regulatory Impact Analysis (RIA) 

that included a detailed discussion and 

explanation about the assumptions and 

methodology used to estimate the cost 

of the final rule under FAR Case 2014– 

025 is available at https://

www.regulations.gov as a supporting 

document under FAR–2014–0025–0933. 

Exhibit 8 of the RIA presented a 

summary of the first-year, second-year, 

and annualized quantifiable costs of 

implementing the disclosure and 

paycheck transparency requirements of 

the final rule to contractors and 

subcontractors, as well as the estimated 

Government costs. The chart below 

shows the total monetized cost in the 

first and second year, and annualized 

costs with a 3 and 7 percent discount to 

contractors and the Government. 

Monetized 

year 1 costs 

Monetized 

year 2 costs 

Annualized 

costs, 3% 

discounting 

Annualized 

costs, 7% 

discounting 

Total employer costs ....................................................................................... $458,352,949 $413,733,272 $398,541,816 $400,939,861 

Government costs ............................................................................................ 15,772,150 10,129,299 10,944,157 11,091,474 

Total .......................................................................................................... 474,075,099 423,862,572 409,535,973 412,031,335 

Most of the 2016 final rule’s 

provisions were preliminarily enjoined 

before compliance would have been 

required. (In addition, on March 27, 

2017, under E.O. 13782, the President 

rescinded E.O. 13673, the Order that 

served as the underpinning of the rule. 

On the same day, the President signed 

the Joint Resolution that Congress 

passed under the Congressional Review 

Act disapproving the final rule.) 

Therefore, if the impacts of this final 

rule are assessed relative to current (and 

anticipated future) practice, the 

resulting impacts are negligible. If, on 

the other hand, this final rule’s effects 

are assessed relative to a baseline in 

which regulated entities comply with 

the 2016 final rule, the costs 

summarized in the preceding table 

(minus the relatively small portion that 

may already have been incurred as 

entities prepared to comply with the 

regulatory provisions that were not 

enjoined) would be eliminated as a 

result of this rulemaking’s removal of 

the 2016 final rule. 

III. Executive Order 13771 

Consistent with E.O. 13771 (82 FR 

9339, February 3, 2017), Reducing 

Regulation and Controlling Regulatory 

Costs, and the Office of Management 

and Budget (OMB) guidance on 

implementing E.O. 13771 (April 5, 

2017), the annualized cost savings of 

$412 million (with a 7 percent discount 

rate) associated with this final rule have 

been estimated, as shown in section II, 

above. (Of particular relevance is the 

statement in OMB’s guidance that costs 

associated with ‘‘regulatory actions 

overturned by subsequently enacted 

laws. . . such as disapprovals of rules 

under the Congressional Review Act’’ 

qualify as cost savings under E.O. 

13771.) This rulemaking constitutes a 

deregulatory action under E.O. 13771. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

FAR revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. However, the rule reduces the 

burden on small entities as it rescinds 

the August 25, 2016, Fair Pay and Safe 

Workplaces (FAR Case 2014–025), major 

rule. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) applies to this rule, 

because this rule removes information 

collection requirements currently 

cleared by the Office of Management 

and Budget (OMB) under OMB 

clearance 9000–0195, Fair Pay and Safe 

Workplaces. The final rule, published 

August 25, 2016, contained the 

following summary table of the annual 

estimated cost to the public of the 

reporting burden: 

TABLE 3—SUMMARY OF TABLE 1 ANNUAL ESTIMATED TOTAL COST TO

THE PUBLIC OF REPORTING BURDEN

Number of respondents ........ 24,183 

Responses per respondent .. 17.3 

Total annual responses ........ 417,808 

Hours per response .............. 5.19 

Total hours ............................ 2,166,815 

Rate per hour (average) ....... $61.43 

Total annual cost to public ... $133,109,793 


ethrower on DSK3G9T082PROD with RULES
51776 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 

The requirements that would impose 

these burden hours are now removed 

from the FAR and OMB clearance 9000– 

0195 has been discontinued. 

List of Subjects in 48 CFR Parts 1, 4, 9, 

17, 22, 42, and 52 

Government procurement. 

Dated: October 11, 2017. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Therefore DoD, GSA, and NASA 

amend 48 CFR parts 1, 4, 9, 17, 22, 42, 

and 52 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 1, 4, 9, 17, 22, 42, and 52 

continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

PART 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106, by removing 

FAR segments ‘‘52.222–57’’, ‘‘52.222– 

58’’, ‘‘52.222–59’’ and ‘‘52.222–60’’ and 

their corresponding OMB Control 

Number ‘‘9000–0195’’, and the Note to 

1.106. 

PART 4—ADMINISTRATIVE MATTERS 

4.1202 [Amended] 

■ 3. Amend section 4.1202 by removing 

paragraph (a)(22), and Note to paragraph 

(a)(22), and redesignating paragraphs 

(a)(23) through (34) as paragraphs (a)(22) 

through (33), respectively. 

PART 9—CONTRACTOR 

QUALIFICATIONS 

9.104–4 [Amended] 

■ 4. Amend section 9.104–4 by 

removing paragraph (b), and Note to 

paragraph (b), and redesignating 

paragraph (c) as paragraph (b). 

9.104–5 [Amended] 

■ 5. Amend section 9.104–5 by 

removing paragraph (d), and Note to 

paragraph (d), and redesignating 

paragraph (e) as paragraph (d). 

■ 6. Amend section 9.104–6 by— 

■ a. Revising paragraph (b)(4), and 

removing Note to paragraph (b)(4); and 

■ b. Removing paragraph (b)(6), and 

Note to paragraph (b)(6). 

The revision reads as follows: 

9.104–6 Federal Awardee Performance 

and Integrity Information System. 

* * * * * 

(b) * * * 

(4) Since FAPIIS may contain 

information on any of the offeror’s 

previous contracts and information 

covering a five-year period, some of that 

information may not be relevant to a 

determination of present responsibility, 

e.g., a prior administrative action such 

as debarment or suspension that has 

expired or otherwise been resolved, or 

information relating to contracts for 

completely different products or 

services. 

* * * * * 

9.105–1 [Amended] 

■ 7. Amend section 9.105–1 by 

removing paragraph (b)(4), and Note to 

paragraph (b)(4). 

9.105–3 [Amended] 

■ 8. Amend section 9.105–3 by 

removing from paragraph (a) ‘‘9.105– 

2(b)(2)(iii) and’’. 

PART 17—SPECIAL CONTRACTING 

METHODS 

17.207 [Amended] 

■ 9. Amend section 17.207 by— 

■ a. Removing from paragraph (c)(6) 

‘‘considered;’’ and adding ‘‘considered; 

and’’ in its place; 

■ b. Removing from paragraph (c)(7) 

‘‘ratings; and’’ and adding ‘‘ratings.’’ in 

its place; and 

■ c. Removing paragraph (c)(8), and 

Note to paragraph (c)(8). 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 10. Revise section 22.000 to read as 

follows: 

22.0 Scope of part. 

This part— 

(a) Deals with general policies 

regarding contractor labor relations as 

they pertain to the acquisition process; 

(b) Prescribes contracting policy and 

procedures for implementing pertinent 

labor laws; and 

(c) Prescribes contract clauses with 

respect to each pertinent labor law. 

■ 11. Amend section 22.102–2 by— 

■ a. Revising the section heading and 

paragraph (c)(1); and 

■ b. Removing paragraph (c)(3), and 

Note to paragraph (c)(3). 

The revision reads as follows: 

22.102–2 Administration. 

* * * * * 

(c)(1) The U.S. Department of Labor is 

responsible for the administration and 

enforcement of the Occupational Safety 

and Health Act. The Department of 

Labor’s Wage and Hour Division is 

responsible for administration and 

enforcement of numerous wage and 

hour statutes including— 

(i) 40 U.S.C. chapter 31, subchapter 

IV, Wage Rate Requirements 

(Construction); 

(ii) 40 U.S.C. chapter 37, Contract 

Work Hours and Safety Standards; 

(iii) The Copeland Act (18 U.S.C. 874 

and 40 U.S.C. 3145); 

(iv) 41 U.S.C. chapter 65, Contracts for 

Materials, Supplies, Articles, and 

Equipment Exceeding $15,000; 

(v) 41 U.S.C. chapter 67, Service 

Contract Labor Standards. 

* * * * * 

22.104 [Removed] 

■ 12. Remove section 22.104. 

Subpart 22.20 [Removed and 

Reserved] 

■ 13. Remove and reserve Subpart 

22.20. 

PART 42—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

42.1502 [Amended] 

■ 14. Amend section 42.1502 by 

removing paragraph (j), and Note to 

paragraph (j). 

42.1503 [Amended] 

■ 15. Amend section 42.1503 by— 

■ a. Removing from paragraph (a)(1)(i) 

‘‘agency labor compliance advisor 

(ALCA) office (see subpart 22.20), ’’ and 

removing Note to paragraph (a)(1)(i); 

■ b. Removing from paragraph (a)(1)(ii) 

‘‘ALCA,’’ and removing Note to 

paragraph (a)(1)(ii); and 

■ c. Removing paragraph (h)(5), and 

Note to paragraph (h)(5) introductory 

text. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 16. Amend section 52.204–8 by— 

■ a. Revising the date of the provision; 

■ b. Removing paragraph (c)(1)(xvi), and 

Note to Paragraph (c)(1)(xvi); and 

■ c. Redesignating paragraphs 

(c)(1)(xvii) through (xxv) as (c)(1)(xvi) 

through (xxiv), respectively. 

The revision reads as follows: 

52.204–8 Annual Representations and 

Certifications. 

* * * * * 

Annual Representations and 

Certifications (NOV 2017) 

* * * * * 

■ 17. Amend section 52.212–3 by— 

■ a. Revising the date of the provision; 

■ b. Removing from paragraph (a), the 

following definitions ‘‘Administrative 

merits determination’’, ‘‘Arbitral award 

or decision’’, ‘‘Civil judgment’’, ‘‘DOL 

Guidance’’, ‘‘Enforcement agency’’, 


ethrower on DSK3G9T082PROD with RULES
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51777 

‘‘Labor compliance agreement’’, Labor 

laws’’, and ‘‘Labor law decision’’; 

■ c. Removing Note to paragraph (a); 

and 

■ d. Removing and reserving paragraph 

(s), and removing the Note to paragraph 

(s). 

The revision reads as follows: 

52.212–3 Offeror Representations and 

Certifications— Commercial Items. 

* * * * * 

Offeror Representations and 

Certifications—Commercial Items (NOV 

2017) 

* * * * * 

■ 18. Amend section 52.212–5 by— 

■ a. Revising the date of the clause; 

■ b. Removing paragraphs (b)(35), Note 

to paragraph (b)(35), and (b)(36), and 

redesignating paragraphs (b)(37) through 

(61) as (b)(35) through (59), respectively; 

■ c. Removing paragraphs (e)(1)(xvii), 

Note to paragraph (e)(1)(xvii), and 

(e)(1)(xviii), and redesignating 

paragraphs (e)(1)(xix) through (xxii) as 

(e)(1)(xvii) through (xxi), respectively; 

and 

■ d. Amending Alternate II by— 

■ i. Revising the date of the Alternate; 

and 

■ ii. Removing paragraphs (e)(1)(ii)(P), 

Note to paragraph (e)(1)(ii)(P), and 

(e)(1)(ii)(Q) of Alternate II, and 

redesignating paragraphs (e)(1)(ii)(R) 

through (U) as (e)(1)(ii)(P) through (S), 

respectively. 

The revisions read as follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items 

(NOV 2017) 

* * * * * 

Alternate II (NOV 2017). * * * 

* * * * * 

■ 19. Amend section 52.213–4 by 

revising the date of the clause and 

paragraph (a)(2)(viii) to read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial 

Items) (NOV 2017) 

* * * * * 

(a) * * * 

(2) * * * 

(viii) 52.244–6, Subcontracts for 

Commercial Items (NOV 2017) 

* * * * * 

52.222–57 through 52.222–61 [Removed 

and Reserved] 

■ 20. Remove and reserve sections 

52.222–57 through 52.222–61. 

■ 21. Amend section 52.244–6 by— 

■ a. Revising the date of the clause; and 

■ b. Removing paragraphs (c)(1)(xiv), 

Note to paragraph (c)(1)(xiv), and 

(c)(1)(xv), and redesignating paragraphs 

(c)(1)(xvi) through (xx) as (c)(1)(xiv) 

through (xviii), respectively. 

The revision reads as follows: 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items 

(NOV 2017) 

* * * * * 

[FR Doc. 2017–23590 Filed: 11/3/2017 8:45 

am; Publication Date: 11/6/2017] 

Editorial Note: Rule document 2017–23590 

originally published on pages 51527 through 

51531 in the issue of Monday, November 6, 

2017, with an extraneous Web address 

inadvertently inserted. The corrected 

document is published here in its entirety. 

[FR Doc. R1–2017–23590 Filed 11–7–17; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 141107936–5399–02] 

RIN 0648–XF810 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2017 

Commercial Accountability Measure 

and Closure for South Atlantic Gray 

Triggerfish; July Through December 

Season 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures for commercial 

gray triggerfish in the exclusive 

economic zone (EEZ) of the South 

Atlantic. NMFS projects commercial 

landings for gray triggerfish will reach 

the commercial annual catch limit 

(ACL) (commercial quota) for the period 

of July through December by October 29, 

2017. Therefore, NMFS is closing the 

commercial sector for gray triggerfish in 

the South Atlantic EEZ on November 8, 

2017. This closure is necessary to 

protect the gray triggerfish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, November 8, 2017, until 

January 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes gray triggerfish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The final rule implementing 

Amendment 29 to the FMP (80 FR 

30947, June 1, 2015) divided the 

commercial ACL (commercial quota) for 

gray triggerfish in the South Atlantic 

into two 6-month commercial fishing 

seasons and allocated 50 percent of the 

total commercial quota of 312,324 lb 

(141,668 kg), round weight, to each of 

the January 1 through June 30 and July 

1 through December 31 fishing seasons, 

as specified in 50 CFR 622.190(a)(8). As 

a result, the commercial quota is 

divided into two equal seasonal quotas 

of 156,162 lb (70,834 kg), round weight. 

The 2017 July through December 

quota includes 20,278 lb (9,198 kg), 

round weight, that was not harvested 

during the 2017 January through June 

fishing season. In accordance with 50 

CFR 622.190(a)(8)(iii), the unused 

portion of the 2017 January through 

June quota was added to the 2017 July 

through December quota, for an adjusted 

commercial quota of 176,440 lb (80,032 

kg), round weight. 

Under 50 CFR 622.193(q)(1)(i), NMFS 

is required to close the commercial 

sector for gray triggerfish when the 

commercial quota specified in 

§ 622.190(a)(8)(i) or (ii) is reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the adjusted 

commercial quota for South Atlantic 

gray triggerfish will be reached by 

October 29, 2017. Accordingly, the 

commercial sector for South Atlantic 

gray triggerfish is closed effective 12:01 

a.m., local time, November 8, 2017, 

until the start of the next commercial 

fishing season on January 1, 2018. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having gray 

triggerfish onboard must have landed 


ethrower on DSK3G9T082PROD with RULES