51770 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 

1Ecclesiastical Endorsing Organizations, VHA 

Handbook 1111.01 and VHA related policy VHA 

Directive 1111, Spiritual and Pastoral Care, which 

incorporates by specific reference the terms of VHA 

HB 1111.01. 

prior to 8:00 a.m. on December 1, 2017, 

the Coast Guard will provide notice via 

a broadcast notice to mariners. 

(c) Regulations. The general 

regulations governing safety zones 

contained in § 165.23 apply to the safety 

zone created by this temporary final 

rule. 

(1) All persons are required to comply 

with the general regulations governing 

safety zones found in this part. 

(2) Entry into or remaining in this 

zone is prohibited unless expressly 

authorized by the COTP Honolulu or his 

designated representative. 

(3) Persons desiring to transit the 

stationary or moving safety zone 

identified in paragraph (a) of this 

section may contact the COTP at the 

Command Center telephone number 

(808) 842–2600 and (808) 842–2601, fax 

(808) 842–2642 or on VHF channel 16 

(156.8 Mhz) to seek permission to 

transit the zone. If permission is 

granted, all persons and vessels must 

comply with the instructions of the 

COTP Honolulu or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while in the zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Notice of enforcement. The COTP 

will provide notice of enforcement of 

the safety zone described in this section 

via verbal broadcasts and written notice 

to mariners and the general public. 

(e) Definitions. As used in this 

section, ‘‘designated representative’’ 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

Dated: November 2, 2017. 

M.C. Long, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. 2017–24290 Filed 11–7–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AP83 

Ecclesiastical Endorsing 

Organizations 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its medical 

regulations by establishing in regulation 

the eligibility requirements that 

ecclesiastical endorsing organizations 

must meet in order to provide 

ecclesiastical endorsements of 

individuals seeking employment as VA 

chaplains, or of individuals who are 

seeking to be engaged by VA under 

contract or appointed as on-facility fee 

basis VA chaplains under the United 

States Code. VA considers veterans’ 

spiritual care an integral part of their 

overall health care. As such, VA is 

committed to providing qualified VA 

chaplains to address the veterans’ 

spiritual needs by engaging chaplains 

that are ecclesiastically endorsed. 

Ecclesiastical endorsement certifies that 

the individual is qualified to perform all 

the religious sacraments, rites, rituals, 

ceremonies and ordinances needed by 

members of a particular faith. 

DATES: This final rule is effective 

December 8, 2017. 

FOR FURTHER INFORMATION CONTACT: John 

Batten, Program Analyst, National 

Chaplain Center, Veterans Health 

Administration, Department of Veterans 

Affairs Medical Center, 100 

Emancipation Dr., Hampton, VA 23667; 

(757) 728–7062 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on January 5, 2017, VA 

proposed to establish in its medical 

regulations the eligibility requirements 

that ecclesiastical endorsing 

organizations must meet in order to 

provide ecclesiastical endorsements of 

individuals seeking employment as VA 

chaplains or of individuals who are 

seeking to be engaged by VA under 

contract or appointed as on-facility fee 

basis VA chaplains under 38 U.S.C. 

7405. See 82 FR 1288. VA provided a 

60-day comment period, which ended 

on March 6, 2017. We received two 

comments on the proposed rule. Under 

38 CFR 17.33, VA must make available 

to each patient the opportunity for 

religious worship. The VA National 

Chaplain Service was established on 

August 1, 1945, to provide veterans the 

opportunity for such worship and other 

forms of spiritual care. VA employs 

chaplains in accordance with 5 CFR 

213.3102(a) to provide for the spiritual 

component of health care in accordance 

to the spiritual needs of veterans. VA 

may employ chaplains in temporary 

appointments, on an on-facility fee basis 

appointment under 38 U.S.C. 7405, and 

may engage chaplains under contract. 

By requiring that chaplains be 

ecclesiastically endorsed, VA ensures 

that chaplains are qualified to perform 

the rites, rituals, or ceremonies that are 

unique to each faith. Before the year 

2000, VA did not have a process in 

place to address endorsement of 

chaplains and relied on criteria 

established by the Department of 

Defense’s (DoD) Armed Forces Chaplain 

Board (AFCB) at DoD Instruction 

1304.28. Under this criteria, an 

individual cannot serve as chaplain 

unless he or she is endorsed by an 

ecclesiastical endorsing organization. 

The purpose is to ensure that the 

chaplain is recognized as an individual 

who is authorized by that organization 

to perform pastoral duties. The 

ecclesiastical endorsing organization 

must submit a request to VA to 

designate an ecclesiastical endorser. 

This request provides VA with the 

information on the ecclesiastical 

endorsing organization and identifies 

the individual whom the organization 

designates as the official authorized to 

sign ecclesiastical endorsements. VA 

reviews the information provided and 

approves the request. 

Before the year 2000, VA accepted 

endorsements from ecclesiastical 

endorsing organizations recognized by 

DoD to perform this function as a means 

of avoiding duplication of effort on VA’s 

part and because such organizations 

would be better able to address veterans’ 

needs, having provided for the veterans’ 

spiritual care while on active duty. In 

1998, VA determined that it needed to 

establish its own policy on accepting 

ecclesiastical endorsements. The 

rationale was that there might be 

organizations that would endorse 

members seeking to work for VA, but 

would not permit their members to 

work as military chaplains, either for 

theological or other reasons. VA has 

been successfully implementing since 

the year 2000, via internal policy, the 

eligibility requirements that 

ecclesiastical endorsing organizations 

must meet to endorse individuals who 

are seeking employment as VA 

chaplains or of individuals who are 

seeking to be engaged by VA under 

contract or appointed as on-facility fee 

basis VA chaplains under 38 U.S.C. 

7405.1 However, VA subsequently 

determined a formal rulemaking is 

prudent in order to make the process 

transparent as well as safeguard VA 

from the appearance of favoritism of an 

ecclesiastical endorsing organization 

over another. We are establishing this 

process in 38 CFR 17.655. 

One commenter stated that the 

proposed rule appears to favor one faith 


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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51771 

2Ecclesiastical Endorsing Organizations, VHA 

Handbook 1111.01 and VHA related policy VHA 

Directive 1111, Spiritual and Pastoral Care, which 

incorporates by specific reference the terms of VHA 

HB 1111.01. 

over another citing that the Oxford 

dictionary defines the term 

‘‘ecclesiastical’’ as ‘‘relating to the 

Christian Church.’’ However, the 

proposed rule’s definition of 

ecclesiastical endorsement and 

ecclesiastical endorsing organization 

expanded the commonly defined term 

‘‘ecclesiastical’’ to include all other faith 

groups. By defining these terms, VA is 

not favoring ecclesiastical endorsing 

organizations of the Christian faith; 

rather, it is including all faith groups. 

We are not making any edits to the rule 

based on this comment. 

The two commenters stated that VA 

should expend its resources on the 

health care of the veteran rather than 

their spiritual care. VA believes that a 

veteran’s overall health care includes 

spiritual care. Chaplains are an integral 

part of the VA patient care team. 

Chaplains safeguard a veteran’s right for 

religious worship, as well as safeguard 

the veterans who do not wish to have 

religion imposed on them. It is always 

a veteran’s choice to receive or decline 

pastoral care. As stated in the proposed 

rule, patients’ rights (for residents and 

inpatients) include the opportunity for 

religious worship under § 17.33(b)(7). 

Also, VA does not fund an ecclesiastical 

endorsing organization. This rule 

merely seeks to establish via regulation 

a point of contact within an 

ecclesiastical endorsing organization in 

order to verify if an individual who is 

seeking employment as VA chaplains or 

who is seeking to be engaged by VA 

under contract or appointed as onfacility fee basis VA chaplains under 38 

U.S.C. 7405 is qualified to perform all 

of the religious rites, rituals, 

ceremonies, and ordinances needed by 

members of a particular faith. We are 

not making any edits to the rule based 

on this comment. 

Proposed paragraph (d)(2) stated that 

an ecclesiastical endorsing organization 

must submit ‘‘A copy of an Internal 

Revenue Service document verifying 

that the organization currently holds a 

section 501(c)(3) exempt status 

(Reference (i)).’’ However, section 

501(c)(3) of the Internal Revenue Code 

does not contain any ‘‘references.’’ See 

26 U.S.C. 501. We are amending 

proposed paragraph (d)(2) by 

eliminating the term ‘‘(Reference (i)).’’ 

This edit does not change the meaning 

of paragraph (d)(2) as proposed. 

Based on the rationale set forth in the 

Supplementary Information to the 

proposed rule and in this final rule, VA 

is adopting the proposed rule with the 

edit discussed. 

Effect of Rulemaking 

Title 38 of the Code of Federal 

Regulations, as revised by this final 

rulemaking, represents VA’s 

implementation of its legal authority on 

this subject. Other than future 

amendments to this regulation or 

governing statutes, no contrary guidance 

or procedures are authorized. All 

existing or subsequent VA guidance 

must be read to conform with this 

rulemaking if possible or, if not 

possible, such guidance is superseded 

by this rulemaking. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507) requires that VA 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. Under 44 U.S.C. 

3507(a), an agency may not collect or 

sponsor the collection of information, 

nor may it impose an information 

collection requirement unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. See also 5 CFR 1320.8(b)(2)(vi). 

This final rule contains the following 

new information collection 

requirements. Section 17.655 contains a 

collection of information under the 

Paperwork Reduction Act of 1995. VA 

was previously collecting this 

information under OMB control number 

2900–0610, which expired on 

September 2, 2008. Paragraph (d) in 

§ 17.655 states the documentation that 

an ecclesiastical endorsing organization 

needs to submit in order for VA to 

accept ecclesiastical endorsements of 

individuals of such organization. The 

information is needed to establish the 

eligibility requirements that an 

ecclesiastical endorsing organization 

must meet in order to provide 

ecclesiastical endorsements of an 

individual who is seeking employment 

as a VA chaplain or who is seeking to 

be engaged by VA under contract or 

appointed as on-facility fee basis VA 

chaplains under 38 U.S.C. 7405. VA has 

collected this information in the past 

through internal policy and guidance.2

As required by 44 U.S.C. 3507(d), VA 

submitted this information collection to 

OMB for its review. OMB approved 

these new information collection 

requirements associated with the final 

rule and assigned OMB control number 

2900–0852. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. This final rule 

will impose no burden on small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this rulemaking would be exempt from 

the initial and final regulatory flexibility 

analysis requirements of 5 U.S.C. 603 

and 604. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB), unless OMB waives such 

review, as ‘‘any regulatory action that is 

likely to result in a rule that may: (1) 

Have an annual effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined, and it has been 

determined to be a significant regulatory 

action under Executive Order 12866 

because it is likely to result in a rule that 

may raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. VA’s 

impact analysis can be found as a 


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51772 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 

supporting document at http://

www.regulations.gov, usually within 48 

hours after the rulemaking document is 

published. Additionally, a copy of the 

rulemaking and its impact analysis are 

available on VA’s Web site at http://

www.va.gov/orpm/, by following the 

link for ‘‘VA Regulations Published 

From FY 2004 Through Fiscal Year to 

Date.’’ 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

There are no Catalog of Federal 

Domestic Assistance numbers and titles 

for this rule. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Health professions, Veterans. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Gina 

S. Farrisee, Deputy Chief of Staff, 

Department of Veterans Affairs, 

approved this document on August 31, 

2017, for publication. 

Dated: November 3, 2017. 

Janet Coleman, 

Chief, Office of Regulation Policy & 

Management, Office of the Secretary, 

Department of Veterans Affairs. 

For the reasons set out in the 

preamble, VA is amending 38 CFR part 

17 as follows: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 is 

revised to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

Section 17.38 also issued under 38 U.S.C. 

101, 501, 1701, 1705, 1710, 1710A, 1721, 

1722, 1782, and 1786. 

Section 17.169 also issued under 38 U.S.C. 

1712C. 

Sections 17.380 and 17.412 are also issued 

under sec. 260, Public Law 114–223, 130 

Stat. 857. 

Section 17.410 is also issued under 38 

U.S.C. 1787. 

Section 17.415 is also issued under 38 

U.S.C. 7301, 7304, 7402, and 7403. 

Sections 17.640 and 17.647 are also issued 

under sec. 4, Public Law 114–2, 129 Stat. 30. 

Sections 17.641 through 17.646 are also 

issued under 38 U.S.C. 501(a) and sec. 4, 

Public Law 114–2, 129 Stat. 30. 

Section 17.655 also issued under 38 U.S.C. 

501(a), 7304, 7405. 

■ 2. Add an undesignated center 

heading and § 17.655 to read as follows: 

Chaplain Services 

§ 17.655 Ecclesiastical endorsing 

organizations. 

(a) Purpose. This section establishes 

the eligibility requirements that an 

ecclesiastical endorsing organization 

must meet in order to provide 

ecclesiastical endorsements of 

individuals who are seeking 

employment as VA chaplains or seeking 

to be engaged by VA under contract or 

appointed as on-facility fee basis VA 

chaplains under 38 U.S.C. 7405. 

Acceptance of an ecclesiastical 

endorsement by VA does not imply any 

approval by VA of the theology or 

practices of an ecclesiastical endorsing 

organization, nor does it obligate VA to 

employ the endorsed individual or any 

other member of the organization. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Ecclesiastical endorsement means 

a written statement addressed to VA and 

signed by the designated endorsing 

official of an ecclesiastical endorsing 

organization certifying that an 

individual is in good standing with the 

faith group or denomination and, in the 

opinion of the endorsing official, is 

qualified to perform the full range of 

ministry, including all sacraments, rites, 

ordinances, rituals, and liturgies 

required by members of the faith group. 

Ecclesiastical endorsement is a 

condition of employment as a VA 

chaplain. An individual must obtain 

and maintain a full and active 

ecclesiastical endorsement to be 

employed as a VA chaplain. 

(2) Ecclesiastical endorsing official 

means an individual who is authorized 

to provide or withdraw ecclesiastical 

endorsements on behalf of an 

ecclesiastical endorsing organization. 

(3) Ecclesiastical endorsing 

organization means an organization that 

meets the eligibility requirements of 

paragraph (c) of this section and has 

been properly designated as an 

endorsing organization in accordance 

with paragraph (e) of this section. 

(c) Eligibility to serve as an 

ecclesiastical endorsing organization. 

An ecclesiastical endorsing organization 

must meet the following requirements 

before such organization can endorse an 

applicant for VA chaplaincy: 

(1) Be organized and function 

exclusively or substantially to provide 

religious ministries to a lay constituency 

and possess authority to both grant and 

withdraw initial and subsequent 

ecclesiastical endorsements; 

(2) Have tax-exempt status as a 

religious organization or church under 

the Internal Revenue Code, section 

501(c)(3); 

(3) Agree to abide by all Federal and 

VA laws, regulations, policies, and 

issuances on the qualification and 

endorsement of persons for service as 

VA chaplains; 

(4) Agree to notify VA in writing of 

any withdrawal of an existing 

ecclesiastical endorsement within ten 

days after the date of such withdrawal; 

(5) Provide VA the documents stated 

in paragraph (d) of this section; 

(6) Notify VA in writing within 30 

days of any change of the name, address 

or contact information of the individual 

that it designates as its ecclesiastical 

endorsing official; and 

(7) An ecclesiastical endorsing 

organization that is part of an endorsing 

organization by which its members can 

be endorsed cannot become a separate 

endorsing organization without the 

written permission of the larger 

endorsing organization. 

(d) Request to designate ecclesiastical 

endorser. In order for an ecclesiastical 

endorsing organization to be recognized 

by VA such organization must submit 

the following: 

(1) A complete VA form that requests 

the designation of an ecclesiastical 

endorsing official; 

(2) A copy of an Internal Revenue 

Service document verifying that the 

organization currently holds a section 

501(c)(3) exempt status as a church for 

Federal tax purposes from the Internal 

Revenue Service (IRS) (note ‘‘church’’ is 

used by the IRS not to denote a belief 

system, but to distinguish ‘‘churches’’ 

from other types of religious 

organizations; see IRS Instructions for 

Form 1023 Schedule A). Such rules 

stipulate that the particular religious 

beliefs of the organization are truly and 

sincerely held and that the practices and 

rituals associated with the 

organization’s religious belief or creed 

are not illegal or contrary to clearly 

defined public policy. In order to 

determine whether a particular religious 

organization has properly acquired, and 

currently maintains, an IRS tax exempt 

status and does not engage in practices 

that are illegal or contrary to defined 

public policy, VA shall take appropriate 


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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51773 

steps to verify compliance with these 

requirements; 

(3) A document verifying that the 

organization shall provide chaplains 

who shall function in a pluralistic 

environment, and who shall support 

directly and indirectly the free exercise 

of religion by all veterans, their family 

members, and other persons authorized 

to be served by VA; 

(4) That it agrees to abide by all VA 

Directives, Instructions, and other 

guidance, regulations and policies on 

the qualification and endorsement of 

ministers for service as VA chaplains; 

(5) Documentation that states the 

structure of the organization, including 

copies of the articles of incorporation, 

by-laws and constitution, membership 

requirements of the organization, if any, 

the religious beliefs and practices of the 

organization, and the organization’s 

requirements to become clergy; and 

(6) The name and address of the 

individual who is applying to become a 

VA chaplain. 

(e) Approval of request to designate 

an ecclesiastical endorsing official. If an 

ecclesiastical endorsing organization 

meets the requirements of paragraph (c) 

of this section and has submitted the 

documents stated in paragraph (d) of 

this section, VA will notify the 

organization in writing that such 

organization has been designated as an 

ecclesiastical endorsing organization. 

The designation will be for a period of 

3 years from the date of notification. 

Once an organization is designated as an 

ecclesiastical endorsing organization, 

VA will accept ecclesiastical 

endorsements from that organization 

without requiring any further 

documentation from the organization 

during the 3 year period, unless VA 

receives evidence that an organization 

no longer meets the requirements of this 

section. VA will only take action on an 

initial request to designate an 

ecclesiastical endorsing official when 

VA receives an application from an 

individual who is seeking employment 

as a VA chaplain or is seeking to be 

engaged under VA contract or appointed 

as on-facility fee basis VA chaplains 

under 38 U.S.C. 7405. 

(f) Reporting requirement. (1) To 

certify that VA chaplains continue to be 

endorsed by an ecclesiastical endorsing 

organization, such organization must 

provide VA an alphabetical listing of 

individuals who are endorsed by that 

endorsing organization and are 

employed as VA chaplains or are 

engaged by VA under contract or 

appointed as on-facility fee basis VA 

chaplains under 38 U.S.C. 7405 by 

January 1 of every calendar year. 

(2) In order for VA to continue to 

recognize an ecclesiastical endorsing 

organization, such organization must 

provide written documentation that it 

continues to meet the requirements of 

this section every 3 years. 

(g) Rescission of ecclesiastical 

endorsing organization. VA may rescind 

an organization’s status as an 

ecclesiastical endorsing organization 

and refuse to accept ecclesiastical 

endorsements from such organization if 

it no longer meets the requirements of 

paragraph (c) of this section. VA will 

take the following steps before it 

rescinds the organization’s status: 

(1) VA will give the ecclesiastical 

endorsing organization written notice 

stating the reasons for the rescission and 

give the organization 60 days to provide 

a written reply addressing VA’s 

concerns. 

(2) VA will notify the ecclesiastical 

endorsing organization and all VA 

chaplains endorsed by the organization 

in writing of its decision after VA 

reviews the evidence provided by the 

organization or after the 60 day time 

period has expired, whichever comes 

first. 

(3) Ecclesiastical endorsing 

organizations that are notified that they 

may no longer endorse individuals for 

VA chaplaincy because they do not 

meet the requirements of paragraph (c) 

of this section must resubmit all of the 

evidence stated in paragraph (d) of this 

section in order to be reconsidered as an 

endorsing organization. 

(4) If an ecclesiastical endorsing 

organization is no longer able to endorse 

individuals for VA chaplaincy in 

accordance with this section, all 

ecclesiastical endorsements issued by 

that organization are considered to be 

withdrawn. 

(The Office of Management and Budget 

has approved the information collection 

requirements in this section under 

control number 2900–0852.) 

[FR Doc. 2017–24320 Filed 11–7–17; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 4, 9, 17, 22, 42, and 52 

[FAC 2005–96; FAR Case 2017–015; Docket 

No. 2017–0002; Sequence No. 1] 

RIN 9000–AN52 

Federal Acquisition Regulation; 

Removal of Fair Pay and Safe 

Workplaces Rule Republication 

Editorial Note: Rule document 2017–23590 

originally published on pages 51527 through 

51531 in the issue of Monday, November 6, 

2017, with an extraneous web address 

inadvertently inserted. The corrected 

document is published here in its entirety. 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

implement a public law that 

disapproved the final rule, Fair Pay and 

Safe Workplaces (FAR Case 2014–025), 

and an Executive Order (E.O.) dated 

March 27, 2017, that rescinded the prior 

Executive orders authorizing that rule. 

DATES:

Effective date: November 6, 2017. 

Applicability dates: See section I.F of 

the Supplementary Information. 

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 Division at 

202–501–4755. Please cite FAC 2005– 

96, FAR Case 2017–015. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The FAR Rule Implementing E.O. 

13673 

FAR Case 2014–025 implemented 

E.O. 13673, Fair Pay and Safe 

Workplaces, dated July 31, 2014 (79 FR 

45309, August 5, 2014), amended by 

section 3 of E.O. 13683, dated December 

11, 2014 (79 FR 75041, December 16, 

2014) and E.O. 13738, dated August 23, 

2016 (81 FR 58807, August 26, 2016). 

The FAR Case final rule was 

published in the Federal Register on 

August 25, 2016, at 81 FR 58562. It was 

to be effective on October 25, 2016. 


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