[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Rules and Regulations]
[Pages 34206-34207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16615]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 17, 22, 36

[FAC 2005-35; FAR Case 2009-015; Docket 2009-0025; Sequence 1]
RIN 9000-AL35


Federal Acquisition Regulation; FAR Case 2009-015, Revocation of 
Executive Order 13202

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to delete the 
implementation of Executive Order (E.O.) 13202 of February 17, 2001, as 
amended. The E.O. prohibited executive departments and agencies from 
requiring or prohibiting Federal Government contractors and 
subcontractors' entrance into project labor agreements.

DATES: Effective Date: July 14, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-35, FAR 
case 2009-015.

SUPPLEMENTARY INFORMATION:

A. Background

    On February 6, 2009, the President issued E.O. 13502 which 
encourages executive agencies to consider requiring the use of project 
labor agreements in connection with large scale construction projects 
in order to promote economy and efficiency in Federal procurement. The 
term ``project labor agreement'' means a pre-hire collective bargaining 
agreement with one or more labor organizations that establishes the 
terms and conditions of employment for a specific construction project 
and is an agreement described in 29 U.S.C. 158(f).
    The President revoked E.O. 13202 issued on February 17, 2001 (66 FR 
11225, published February 22, 2001)

[[Page 34207]]

and E.O. 13208 (66 FR 18717, published April 11, 2001). E.O. 13202 
prohibited the Government from requiring or prohibiting the use of 
project labor agreements by its construction contractors and 
subcontractors, and E.O. 13208 authorized certain exemptions from E.O. 
13202.
    This final rule amends the Federal Acquisition Regulation to revise 
FAR 36.202(d) to delete any references to the revoked Executive Order 
13202.
    This is a significant regulatory action and, therefore, was subject 
to review under Section 6(b) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
Chapter 35, et seq.

List of Subjects in 48 CFR Parts 17, 22, and 36

    Government procurement.

    Dated: July 9, 2009.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 17, 22, and 36 as set 
forth below:
0
1. The authority citation for 48 CFR parts 17, 22, and 36 continues to 
read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 17-SPECIAL CONTRACTING METHODS


17.603  [Amended]

0
2. Amend section 17.603 by removing paragraph (c).

PART 22-APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.101-1  [Amended]

0
3. Amend section 22.101-1 by redesignating paragraph (b)(1) as 
paragraph (b) and removing paragraph (b)(2).

PART 36-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 36.202 
[Amended]

0
4. Amend section 36.202 by removing paragraph (d).

[FR Doc. E9-16615 Filed 7-10-09; 11:15 am]
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