51526 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR 2017–0051, Sequence 

No. 1] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–96; 

Introduction 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of a 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 (Councils) in this Federal 

Acquisition Circular (FAC) 2005–96. A 

companion document, the Small Entity 

Compliance Guide (SECG), follows this 

FAC. The FAC, including the SECG, is 

available via the Internet at http://

www.regulations.gov. 

DATES: For effective date see separate 

document, which follows. 

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 at 202–501– 

4755. Please cite FAC 2005–96, FAR 

Case 2017–015. 

RULE LISTED IN FAC 2005–96 

Subject FAR case Analyst 

Removal of Fair Pay and Safe Workplaces Rule ............................................................................................... 2017–015 Delgado. 

SUPPLEMENTARY INFORMATION: Summary 

for the FAR rule follows. For the actual 

revisions and/or amendments made by 

this FAR case, refer to the specific item 

number and subject set forth in the 

document following this item summary. 

FAC 2005–96 amends the FAR as 

specified below: 

Removal of Fair Pay and Safe 

Workplaces Rule (FAR Case 2017–015) 

This final rule rescinds the final rule 

at 81 FR 58562 (August 25, 2016). This 

was FAR Case 2014–025, Fair Pay and 

Safe Workplaces, which was a 

significant rule under Executive Order 

(E.O.) 12866 and a major rule under 5 

U.S.C. 804. Because of a Federal court 

injunction, the only provision or clause 

that had gone into effect was FAR 

52.222–60, Paycheck Transparency 

(Executive Order 13673), which was 

included in solicitations starting on 

January 1, 2017. On March 27, 2017, 

Public Law 115–11 disapproved the rule 

under the Congressional Review Act. 

Therefore, by law, the rule has no force 

or effect, including the FAR 52.222–60 

clause. Also on March 27, 2017, E.O. 

13782, Revocation of Federal 

Contracting Executive Orders, rescinded 

the E.O.s that originally authorized the 

rule. All steps should be taken to ensure 

that no sections, provisions, or clauses 

of the final rule are implemented. 

Dated: October 11, 2017. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Federal Acquisition Circular (FAC) 

2005–96 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 2005–96 is effective November 

6, 2017. 

Dated: October 23, 2017. 

Shay D. Assad, 

Director, Defense Pricing/Defense, 

Procurement and Acquisition Policy. 

Dated: October 11, 2017. 

Jeffrey A. Koses, 

Senior Procurement Executive/Deputy CAO, 

Office of Acquisition Policy, U.S. General 

Services Administration. 

Dated: October 3, 2017. 

William P. McNally, 

Assistant Administrator, Office of 

Procurement National Aeronautics and Space 

Administration. 

[FR Doc. 2017–23589 Filed 11–3–17; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR 2017–0051, Sequence 

No. 1] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–96; 

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 DOD, GSA, 

and NASA. 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) 

2005–96, which amends the Federal 

Acquisition Regulation (FAR). An 

asterisk (*) next to a rule indicates that 

a regulatory flexibility analysis has been 

prepared. Interested parties may obtain 

further information regarding this rule 

by referring to FAC 2005–96, which 

precedes this document. These 

documents are also available via the 

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

DATES: November 6, 2017. 


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