Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules 48617 

commercial stations. Of this total, 

11,245 stations (or 99%) had revenues 

of $41.5 million or less in 2020, 

according to Commission staff review of 

the BIA Kelsey Inc. Media Access Pro 

Television Database (BIA) on February 

9, 2021, and therefore these stations 

qualify as small entities under the SBA 

definition. In addition, there were 4195 

noncommercial educational FM 

stations. The Commission does not 

compile and does not have access to 

information on the revenue of NCE 

radio stations that would permit it to 

determine how many such stations 

would qualify as small entities. 

44. In assessing whether a business 

concern qualifies as small under the 

above definition, business (control) 

affiliations must be included. Our 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by our action because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. In addition, an 

element of the definition of ‘‘small 

business’’ is that the entity not be 

dominant in its field of operation. We 

are unable at this time to define or 

quantify the criteria that would 

establish whether a specific radio or 

television station is dominant in its field 

of operation. Accordingly, the estimate 

of small businesses to which the 

proposed rules may apply does not 

exclude any radio or television station 

from the definition of small business on 

this basis and is therefore possibly overinclusive. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

45. In this section, we identify the 

reporting, recordkeeping and other 

compliance requirements contained in 

the FNPRM and consider whether small 

entities are affected disproportionately 

by any such requirements. The FNPRM 

proposes no new reporting, 

recordkeeping or compliance 

requirements, only seeks to refresh the 

record on resuming, after a suspension, 

collection of broadcaster workforce 

composition data on FCC Form 395–B. 

The FNPRM also seeks to refresh the 

record to resolve an issue outstanding 

since 2004 on whether the Commission 

can or should change its handling of the 

data to keep it confidential. The FNPRM 

also asks whether and how more 

recently enacted statutes affect its 

handling of broadcaster employee 

composition data. If the FNPRM is 

adopted, broadcasters will simply 

resume filing Form 395–B and the FCC 

may change the way it handles data 

contained in Form 395–B. Because the 

FNPRM contains no new reporting or 

recordkeeping obligations and proposes 

only resuming filing of an existing 

Form, the reporting, recordkeeping and 

other compliance requirements of small 

entities will not change from such 

requirements under existing rules, and 

the burden imposed by the FNPRM will 

be no greater than under current rules. 

Additionally, stations with four or less 

full-time employees are exempt from 

filing the report. Therefore, because no 

new requirements are imposed and 

small stations are exempt, the 

Commission concludes that small 

entities will not be disproportionately 

affected by the FNPRM. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

46. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

47. This FNPRM seeks to refresh the 

record regarding the Commission’s 

annual collection of broadcaster 

workforce composition data by race and 

gender on FCC Form 395–B. It would 

lead only to resumption of this data 

collection and would impose no new 

requirements for which the Commission 

can consider alternatives that would 

minimize the economic burden on small 

entities. Further, as detailed in the 

FNPRM, section 334(a) of the Act states 

that the Commission shall not revise 

either the EEO regulations in effect as of 

September 1992 as such regulations 

apply to television broadcast station 

licensees or permittees or the ‘‘forms 

used by such licensees to report 

pertinent employment data.’’ 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the FNPRM 

48. None. 

Ordering Clauses 

49. Accordingly, it is ordered that, 

pursuant to the authority found in 

sections 1, 4(i), 4(j), 4(k), 303, 334, and 

403 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151, 154(i), 

154(j), 154(k), 303, 334, and 403, this 

Further Notice of Proposed Rulemaking 

is adopted. 

50. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Act Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–18665 Filed 8–30–21; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 517, 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: Proposed rule. 

SUMMARY: GSA is proposing to amend 

the General Services Administration 

Acquisition Regulation (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. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before November 1, 

2021 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to GSAR Case 2020–G509 to: 

Regulations.gov: https://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘GSAR Case 2020–G509’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with GSAR Case 2020– 

G509. Follow the instructions provided 

at the ‘‘Comment Now’’ screen. Please 

include your name, company name (if 

any), and ‘‘GSAR Case 2020–G509’’ 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 alternate instructions. 


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48618 Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules 

Instructions: Please submit comments 

only and cite GSAR Case 2020–G509 in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov 

approximately two to three days after 

submission to verify posting. 

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 

As a part of GSA’s comprehensive 

review of the regulatory requirements in 

the GSAR, GSA identified supplemental 

internal GSA policy related to the FSS 

program that should be placed within 

the GSAR. Specifically, GSA is seeking 

to incorporate into the GSAR FSS clause 

I–FSS–163, Option to Extend the Term 

of the Contract (Evergreen), and FSS 

policy concerning standard fill-in 

information for paragraph (d) of FAR 

clause 52.216–22, Indefinite Quantity. 

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 

GSA is amending the GSAR to revise 

subpart 517.2 for purposes of clarifying 

requirements contained in 517.207. 

Additionally, GSA is revising subpart 

538.2 for purposes of revising the title 

of section 538.270 and adding 

paragraphs (d)(36) and (e) to section 

538.273. Lastly, GSA is revising subpart 

552.2 to add the following new GSAR 

clause: 552.238–116, Option to Extend 

the Term of the FSS Contract. This new 

GSAR clause incorporates FSS clause, I– 

FSS–163, Option to Extend the Term of 

the Contract (Evergreen). 

FSS clause I–FSS–163, Option to 

Extend the Term of the Contract 

(Evergreen), has been in use by the FSS 

program since 2000. This clause is 

currently implemented through internal 

GSA policy and incorporated into FSS 

solicitations and contracts. 

Incorporating this clause into the GSAR 

allows for greater transparency and 

ensures FSS regulations are in one area 

(i.e., part 538). 

The internal policy concerning 

standard fill-in information for 

paragraph (d) of FAR clause 52.216–22, 

Indefinite Quantity, has been in use by 

the FSS program since 2016. The use of 

standard fill-in information supports the 

administration of orders issued during 

the FSS contract ordering period that 

remain active beyond expiration of the 

FSS contract ordering period. This 

requirement is currently implemented 

through internal GSA policy and 

incorporated into FSS solicitations and 

contracts. Incorporating this 

requirement into the GSAR allows for 

greater transparency and ensures FSS 

regulations are in one area (i.e., part 

538). 

To support the incorporation of these 

internal GSA policies to the GSAR the 

following amendments to the GSAR are 

being made: The title of section 538.270 

is being revised from ‘‘Evaluation of 

Federal Supply Schedule (FSS) offers’’ 

to ‘‘Solicitation, evaluation and award 

of Federal Supply Schedule (FSS) 

contracts’’; GSAR clause 552.238–116, 

Option to Extend the Term of the FSS 

Contract, is being added (i.e., this clause 

incorporates and will replace the 

existing FSS clause I–FSS–163, Option 

to Extend the Term of the Contract 

(Evergreen)); adding paragraph (d)(36) to 

GSAR section 538.273 for purposes of 

incorporating the prescription for 

552.238–116, Option to Extend the 

Term of the FSS Contract; adding 

paragraph (e) to GSAR section 538.273 

for purposes of incorporating the 

standard fill-in requirement for 

paragraph (d) of FAR clause 52.216–22, 

Indefinite Quantity; and making 

technical changes to 517.207 for 

purposes of clarity and conformity. 

IV. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

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 rulemaking 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. 

V. Congressional Review Act 

The Congressional Review Act, 5 

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

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major rule’’ may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This rulemaking has 

been reviewed and determined by OMB 

not to be a ‘‘major rule’’ under 5 U.S.C. 

804(2). 

VI. Regulatory Flexibility Act 

GSA does not expect this proposed 

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, an Initial Regulatory 

Flexibility Analysis has not been 

performed. GSA invites comments from 

small business concerns and other 

interested parties on the expected 

impact of this proposed 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. 

VII. Paperwork Reduction Act 

This rulemaking 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 517, 

538, and 552 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

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

Therefore, GSA proposes amending 

48 CFR parts 517, 538, and 552 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 517, 538, and 552 continues to 

read as follows: 

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


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules 48619 

PART 517—SPECIAL CONTRACTING 

METHODS 

■ 2. Amend section 517.207 by revising 

the introductory text and paragraph (a) 

to read as follows: 

517.207 Exercise of options. 

In addition to the requirements of 

FAR 17.207, the contracting officer 

shall: 

(a) Document the contract file with 

the rationale for exercising the contract 

option to extend the period of 

performance if the contractor’s 

performance under the contract is less 

than satisfactory. 

* * * * * 

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

■ 3. Revise section 538.270 heading to 

read as follows: 

538.270 Solicitation, evaluation, and award 

of Federal Supply Schedule (FSS) 

contracts. 

■ 4. 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 all 

FSS solicitations and contracts. 

(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 

■ 5. 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 (Date) 

(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. 2021–18517 Filed 8–30–21; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2019–0014; 

4500030113] 

RIN 1018–BD03 

Endangered and Threatened Wildlife 

and Plants; Threatened Status With 

Section 4(d) Rule for the Dolphin and 

Union Caribou and 12-Month Finding 

for the Peary Caribou 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; 12-month 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce a 12-month 

finding on a petition to list the Peary 

caribou (Rangifer tarandus pearyi) (a 

caribou subspecies) and the Dolphin 

and Union caribou (Rangifer tarandus 

groenlandicus x peary) as endangered or 

threatened subspecies under the 

Endangered Species Act of 1973, as 

amended (Act). Both Peary caribou and 

Dolphin and Union caribou are native 

only to Canada. After a review of the 

best available scientific and commercial 

information, we find that it is not 

warranted at this time to add the Peary 

caribou to the List of Endangered and 

Threatened Wildlife. We find that 

listing the Dolphin and Union caribou 

as a Distinct Population Segment (DPS) 

of the barren-ground caribou subspecies 

(Rangifer tarandus groenlandicus) is 

warranted. Accordingly, we propose to 

list this DPS with a rule issued under 

section 4(d) of the Act (‘‘4(d) rule’’). To 

ensure that subsequent rulemaking 

resulting from this proposed rule is as 

accurate and effective as possible, we 

are soliciting information from the 

public, other governmental agencies, the 

Government of Canada and its 

provincial governments, the scientific 

community, industry, and any other 

interested parties. 

DATES: We will accept comments 

received or postmarked on or before 

November 1, 2021. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES, 

below) must be received by 11:59 p.m. 

Eastern Time on the closing date. We 

must receive requests for public 

hearings, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT by October 15, 2021 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter the docket number or RIN for this 

rulemaking (presented above in the 

document headings). For best results, do 

not copy and paste either number; 

instead, type the docket number or RIN 

into the Search box using hyphens. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate this document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–HQ–ES–2019–0014; U.S. Fish and 

Wildlife Service; MS: JAO/3W; 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comments, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Maclin, Branch of Delisting 

and Foreign Species, Ecological Services 

Program, U.S. Fish and Wildlife Service, 

5275 Leesburg Pike, MS: ES, Falls 

Church, VA 22041; telephone 703–358– 

2646. If you use a telecommunications 

device for the deaf, call the Federal 

Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Endangered Species Act of 1973, as 

amended (‘‘Act,’’ 16 U.S.C. 1531 et seq.), 

if we determine that a species warrants 

listing as an endangered or threatened 

species, we are required to promptly 

publish a proposal in the Federal 

Register and make a determination on 

our proposal within 1 year. 

What this document does. We find 

that listing the Peary caribou subspecies 

is not warranted, and we propose to list 

the Dolphin and Union caribou DPS as 

a threatened species with a rule under 

section 4(d) of the Act. 

The basis for our action. Under the 

Act, we may determine that a species is 

an endangered or threatened species 

because of any of five factors, alone or 

in combination: (A) The present or 

threatened destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; or (E) other natural or 

manmade factors affecting its continued 


khammond on DSKJM1Z7X2PROD with PROPOSALS