Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations 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. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 17, 22, and 36 as 

set forth below: 

■ 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] 

■ 2. Amend section 17.603 by removing 

paragraph (c). 

PART 22–APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.101–1 [Amended] 

■ 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] 

■ 4. Amend section 36.202 by removing 

paragraph (d). 

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

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0002, Sequence 6] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–35; 

Small Entity Compliance Guide 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide has 

been prepared in accordance with 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It consists of a summary of the 

rule appearing in Federal Acquisition 

Circular (FAC) 2005–35 which amends 

the FAR. 

Interested parties may obtain further 

information regarding these rules by 

referring to FAC 2005–35 which 

precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hada Flowers, FAR Secretariat, (202) 

208–7282. For clarification of content, 

contact the analyst whose name appears 

in the table below. 

RULE LISTED IN FAC 2005–35 

Subject FAR case Analyst 

Revocation of Executive Order 13202 ....................................................................................................................... 2009–015 Woodson 

SUPPLEMENTARY INFORMATION: A 

summary for the FAR rule follows. For 

the actual revisions and/or amendments 

to this FAR case, refer to FAR case 

2009–015. 

FAC 2005–35 amends the FAR as 

specified below: 

Revocation of Executive Order 13202 

(FAR Case 2009–015) 

In accordance with Executive Order 

13502—Use of Project Labor 

Agreements for Federal Construction 

Projects, this final rule amends FAR 

36.202(d) to delete references to the 

revoked Executive Order 13202. The 

E.O. prohibited executive departments 

and agencies from requiring or 

prohibiting Federal Government 

contractors and subcontractors’ entrance 

into project labor agreements. This rule 

requires no action on the part of 

contracting officers. 

Dated: July 9, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

[FR Doc. E9–16618 Filed 7–10–09; 11:15 am] 

BILLING CODE 6820–EP–P 


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