34206 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0001, Sequence 6] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–35; 

Introduction 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of final 

rule. 

SUMMARY: This document summarizes 

the Federal Acquisition Regulation 

(FAR) rule agreed to by the Civilian 

Agency Acquisition Council and the 

Defense Acquisition Regulations 

Council in this Federal Acquisition 

Circular (FAC) 2005–35. A companion 

document, the Small Entity Compliance 

Guide (SECG), follows this FAC. The 

FAC, including the SECG, is available 

via the Internet at http://acquisition.gov/ 

far. 

DATES: July 14, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact the 

analyst whose name appears in the table 

below in relation to the FAR case. 

Please cite FAC 2005–35 and the FAR 

case number. Interested parties may also 

visit our Web site at http:// 

acquisition.gov/far. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

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 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005–35 is issued under the authority of 

the Secretary of Defense, the 

Administrator of General Services, and 

the Administrator for the National 

Aeronautics and Space Administration. 

Unless otherwise specified, all 

Federal Acquisition Regulation (FAR) 

and other directive material contained 

in FAC 2005–35 is effective July 14, 

2009. 

Dated: July 8, 2009. 

Linda W. Neilson, 

Deputy Director, Defense Procurement and 

Acquisition Policy (Defense Acquisition 

Regulations System). 

Dated: July 9, 2009. 

David A. Drabkin, 

Acting Chief Acquisition Officer, Office of 

the Chief Acquisition Officer, U.S. General 

Services Administration. 

Dated: July 8, 2009. 

James A. Balinskas, 

Acting Assistant Administrator for 

Procurement, National Aeronautics and 

Space Administration. 

[FR Doc. E9–16617 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 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. 

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) 


sroberts on DSKD5P82C1PROD with RULES
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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