80_FR_45644 80 FR 45498 - General Services Administration Acquisition Regulation (GSAR); Removal of Unnecessary Construction Clauses and Editorial Changes

80 FR 45498 - General Services Administration Acquisition Regulation (GSAR); Removal of Unnecessary Construction Clauses and Editorial Changes

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range45498-45500
FR Document2015-18595

The General Services Administration (GSA) is issuing a proposed rule amending the General Services Administration Acquisition Regulation (GSAR) coverage on Construction and Architect-Engineer Contracts, including provisions and clauses for solicitations and resultant contracts, to remove unnecessary regulations.

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015) 
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Proposed Rules]
[Pages 45498-45500]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18595]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 536 and 552

[GSAR Case 2015-G508; Docket No. 2005-0013; Sequence No. 1]
RIN 3090-AJ57


General Services Administration Acquisition Regulation (GSAR); 
Removal of Unnecessary Construction Clauses and Editorial Changes

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is issuing a 
proposed rule amending the General Services Administration Acquisition 
Regulation (GSAR) coverage on Construction and Architect-Engineer 
Contracts, including provisions and clauses for solicitations and 
resultant contracts, to remove unnecessary regulations.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addressees shown below on or 
before September 28, 2015 to be considered in the formation of the 
final rule.

ADDRESSES: Submit comments in response to GSAR Case 2015-G508 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments by searching for ``GSAR Case 2015-G508''. Select the link 
``Comment Now'' that corresponds with ``GSAR Case 2015-G508.'' Follow 
the instructions provided at the ``Comment Now'' screen. Please include 
your name, company name (if any), and ``GSAR Case 2015-G508'' on your 
attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2015-
G508, in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Christina Mullins, Program 
Analyst, at 202-969-4066 or email at [email protected], for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755. Please cite GSAR Case 2015-G508.

SUPPLEMENTARY INFORMATION:

I. Background

    GSA is proposing to amend the GSAR to revise sections of GSAR part 
536, Construction and Architect-Engineer Contracts, and part 552, 
Solicitation Provisions and Contract Clauses, to remove unnecessary 
construction clauses.
    The proposed rule includes the removal of one section and seven 
GSAR subpart 536.5 supplemental provisions and clauses that are now 
covered in the Federal Acquisition Regulation (FAR) or are otherwise no 
longer necessary for the agency.
    A GSA Acquisition Manual (GSAM) rewrite initiative was undertaken 
by GSA to revise the GSAM starting in 2008. A proposed rule to update 
GSAR part 536, Construction and Architect-Engineer Contracts was 
initially published as GSAR Case 2008-G509 in the Federal Register at 
73 FR 73199, December 2, 2008. Due to the variety of issues addressed 
in the GSAR 536 rewrite, and strong internal stakeholder interest, the 
agency re-evaluated the implementation plan for the GSAR 536 rewrite 
and withdrew this initial proposed rule. The initial proposed rule 
withdrawal was published in the Federal Register at 80 FR 6944, 
February 9, 2015. GSAR Case 2015-G508 is the first of several new GSAR 
cases to separately address the issues and update the GSAR 536 text.

II. Discussion and Analysis

    The changes to the GSAM included in the proposed rule are 
summarized below:
     GSAR subpart 536.1, General: Revised to add language at 
GSAR

[[Page 45499]]

536.101 to clarify applicability of this part.
     GSAR 536.271, Project Labor Agreements (PLA): The coverage 
on project labor agreements is being removed in its entirety as 
Executive Order (E.O.) 13202 revoked the June 5, 1997 Presidential 
Memorandum entitled ``Use of Project Labor Agreements for Federal 
Construction Projects'' that provided for the original inclusion in the 
GSAM. In addition, later PLA guidance from E.O. 13502 was incorporated 
into the FAR effective May 13, 2010 under FAR Case 2009-005. The GSAR 
language is out of date and conflicts with FAR subpart 22.5 and clause 
52.222-33. The current FAR coverage does not require further agency 
implementation or supplementation.
     GSAR subpart 536.5, Contract Clauses: Several 
prescriptions and associated clauses will be removed as listed below.
    [cir] GSAR prescription 536.570-3, Specialist and associated clause 
552.236-72. The specialist requirement is a technical detail contained 
in the scope of work or specifications for a contract or task order. A 
regulatory clause is not warranted.
    [cir] GSAR prescription 536.570-5, Working Hours and associated 
clause 552.236-74. The working hour's requirement is a technical detail 
contained in the scope of work or specifications for a contract or task 
order. Working hours are also covered in FAR subparts 22.3 and 22.4. A 
regulatory clause is not warranted.
    [cir] GSAR prescription 536.570-6, Use of Premises and associated 
clause 552.236-75. The use of premises requirement is a technical 
detail contained in the scope of work or specifications for a contract 
or task order. A regulatory clause is not warranted.
    [cir] GSAR prescription 536.570-7, Measurements and associated 
clause 552.236-76. The measurements requirement is a technical detail 
contained in the scope of work or specifications for a contract or task 
order. A regulatory clause is not warranted.
    [cir] GSAR prescription 536.570-10, Samples and associated clause 
552.236-79. Samples are a type of submittal. Submittal requirements are 
contained in the scope of work or specification for a contract or task 
order. Submittals are also covered under FAR Subpart 42.3 and FAR 
clause 52.246-12. A regulatory clause is not warranted.
    [cir] GSAR prescription 536.570-11, Heat and associated clause 
552.236-80. The heat requirement is a technical detail contained in the 
scope of work or specifications for a contract or task order. A 
regulatory clause is not warranted.
    [cir] GSAR prescription 536.570-14, Requirement for a Project Labor 
Agreement and associated clause 552.236-83. The GSAR language is out of 
date and conflicts with FAR subpart 22.5 and clause 52.222-33. The 
current FAR coverage does not require further agency implementation or 
supplementation.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    GSA does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the rule only deletes unnecessary sections and clauses and does 
not contain substantive changes. However, an Initial Regulatory 
Flexibility Analysis (IRFA) has been prepared and is summarized as 
follows:

    The proposed rule changes will not have a significant economic 
impact on a substantial number of small entities. The rule changes 
do not place any new requirements on small entities. The section, 
provision and clause associated with project labor agreement is no 
longer a requirement based on E.O. 13202 and because E.O. 13502 was 
incorporated into FAR Subpart 22.5. The provisions and associated 
clauses for specialist, working hours, use of premises, 
measurements, samples, heat, and government use of equipment are 
considered technical requirements that are contained in the scope of 
work or specifications. The rule does not duplicate, overlap, or 
conflict with any other Federal rules. No alternatives were 
determined that will accomplish the objectives of the rule.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. GSA 
invites comments from small business concerns and other interested 
parties on the expected impact of this rule on small entities.
    GSA will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 601, et seq., (GSAR Case 2015-
G508), in correspondence.

V. Paperwork Reduction Act

    This proposed rule does not contain any information collection 
requirements that require approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

List of Subjects in 48 CFR Parts 536 and 552

    Government procurement.

    Dated: July 23, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.
    Therefore, GSA proposes to amend 48 CFR parts 536 and 552 as set 
forth below:

0
1. The authority citation for 48 CFR part 536 continues to read as 
follows:

    Authority:  40 U.S.C. 486(c).

PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
2. Revise section 536.101 to read as follows:


536.101  Applicability.

    This part supplements FAR part 36 policies and procedures 
applicable to contracting for construction and architect-engineer 
services. Contracts for construction management services are covered by 
FAR part 37 and GSAM part 537. Part 536 shall take precedence when the 
acquisition involves construction or architect-engineer services, and 
when the requirement is inconsistent with another part of the GSAR.


536.271  [Removed and Reserved]

0
3. Remove and reserve section 536.271.


536.570-3  [Removed and Reserved]

0
4. Remove and reserve section 536.570-3.


536.570-5 through 536.570-7  [Removed and Reserved]

0
5. Remove and reserve sections 536.570-5 through 536.570-7.

[[Page 45500]]

536.570-10 and 536.570-11  [Removed and Reserved]

0
6. Remove and reserve sections 536.570-10 and 536.570-11.


536.570-14  [Removed]

0
7. Remove section 536.570-14.

    Authority:  40 U.S.C. 121(c).

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
8. The authority citation for 48 CFR part 552 continues to read as 
follows:


552.236-72  [Removed and Reserved]

0
9. Remove and reserve section 552.236-72.


552.236-74 through 552.236-76  [Removed and Reserved]

0
10. Remove and reserve sections 552.236-74 through 552.236-76.


552.236-79 and 552.236-80  [Removed and Reserved]

0
11. Remove and reserve sections 552.236-79 and 552.236-80.


552.236-83  [Removed]

0
12. Remove section 552.236-83.

[FR Doc. 2015-18595 Filed 7-29-15; 8:45 am]
 BILLING CODE 6820-61-P

45498 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules § 106.105 Applicability. the period of time approved in the Case 2015–G508’’ on your attached The regulations in this part apply to waiver issued by DOT. document. a documented vessel with only a (b) Vessels conducting aquaculture • Mail: General Services registry endorsement or a foreign- support operations will, at all times, Administration, Regulatory Secretariat flagged vessel that has been issued a maintain a copy of the waiver issued by (MVCB), ATTN: Ms. Flowers, 1800 F waiver by DOT under 46 U.S.C. DOT on board the vessel as proof of its Street NW., 2nd Floor, Washington, DC 12102(d)(1), for the purpose of eligibility to conduct aquaculture 20405. conducting aquaculture support support operations. Instructions: Please submit comments operations. only and cite GSAR Case 2015–G508, in § 106.125 Penalties. all correspondence related to this case. § 106.110 Definitions. A vessel owner, operator, or charterer All comments received will be posted For the purpose of this part: not operating a vessel as required in this without change to http:// Aquaculture support operations part is subject to penalty under 46 www.regulations.gov, including any means activities that treat aquaculture U.S.C. 12151. personal and/or business confidential fish for or protect aquaculture fish from Dated: July 23, 2015. information provided. disease, parasitic infestation, or other V.B. Gifford, Jr., FOR FURTHER INFORMATION CONTACT: Ms. threats to their health. Christina Mullins, Program Analyst, at Captain, U.S. Coast Guard, Director of Inspections and Compliance. 202–969–4066 or email at § 106.115 Notification requirements. Christina.Mullins@gsa.gov, for (a) Prior to operating in U.S. waters, [FR Doc. 2015–18620 Filed 7–29–15; 8:45 am] clarification of content. For information a vessel owner, operator, or charterer BILLING CODE 9110–04–P pertaining to status or publication that has been issued a waiver by DOT schedules, contact the Regulatory to conduct aquaculture support Secretariat Division at 202–501–4755. operations must notify the Coast Guard GENERAL SERVICES Please cite GSAR Case 2015–G508. in writing of its status. The notification ADMINISTRATION SUPPLEMENTARY INFORMATION: must include the following information: (1) The vessel(s) name(s); 48 CFR Parts 536 and 552 I. Background (2) The vessel’s official and/ or [GSAR Case 2015–G508; Docket No. 2005– GSA is proposing to amend the GSAR International Maritime Organization 0013; Sequence No. 1] to revise sections of GSAR part 536, number; Construction and Architect-Engineer (3) The geographic location within the RIN 3090–AJ57 Contracts, and part 552, Solicitation waters of the United States where the Provisions and Contract Clauses, to General Services Administration vessel(s) will conduct treatment remove unnecessary construction Acquisition Regulation (GSAR); operations; clauses. Removal of Unnecessary Construction (4) The period of time during which The proposed rule includes the Clauses and Editorial Changes the waiver for the vessel(s) is approved removal of one section and seven GSAR including: AGENCY: Office of Acquisition Policy, subpart 536.5 supplemental provisions (i) The start date (MM/ DD/ YYYY); General Services Administration (GSA). and clauses that are now covered in the and ACTION: Proposed rule. Federal Acquisition Regulation (FAR) or (ii) The expiration date (MM/ DD/ are otherwise no longer necessary for YYYY); and SUMMARY: The General Services the agency. (5) A copy of the DOT-approved Administration (GSA) is issuing a A GSA Acquisition Manual (GSAM) aquaculture waiver. proposed rule amending the General rewrite initiative was undertaken by (b) Written notification must be made Services Administration Acquisition GSA to revise the GSAM starting in to the Commandant (CG–CVC), ATTN: Regulation (GSAR) coverage on 2008. A proposed rule to update GSAR Office of Commercial Vessel Construction and Architect-Engineer part 536, Construction and Architect- Compliance, U.S. Coast Guard Stop Contracts, including provisions and Engineer Contracts was initially 7501, 2703 Martin Luther King Jr. clauses for solicitations and resultant published as GSAR Case 2008–G509 in Avenue SE., Washington, DC 20593– contracts, to remove unnecessary the Federal Register at 73 FR 73199, 7501, or by email to CG–CVC–3@ regulations. December 2, 2008. Due to the variety of uscg.mil. issues addressed in the GSAR 536 DATES: Interested parties should submit rewrite, and strong internal stakeholder § 106.120 Operational and geographic written comments to the Regulatory interest, the agency re-evaluated the requirements. Secretariat at one of the addressees implementation plan for the GSAR 536 (a) Vessels with a DOT waiver, issued shown below on or before September rewrite and withdrew this initial under 46 U.S.C. 12102(d)(1), for the 28, 2015 to be considered in the proposed rule. The initial proposed rule purpose of performing aquaculture formation of the final rule. withdrawal was published in the support operations are subject to the ADDRESSES: Submit comments in Federal Register at 80 FR 6944, following restrictions: response to GSAR Case 2015–G508 by February 9, 2015. GSAR Case 2015– (1) Commercial operations other than any of the following methods: G508 is the first of several new GSAR operations that treat or protect • Regulations.gov: http:// cases to separately address the issues Lhorne on DSK7TPTVN1PROD with PROPOSALS aquaculture fish are prohibited; www.regulations.gov. Submit comments and update the GSAR 536 text. (2) While conducting aquaculture by searching for ‘‘GSAR Case 2015– support operations, vessels will operate G508’’. Select the link ‘‘Comment Now’’ II. Discussion and Analysis solely within the geographic location that corresponds with ‘‘GSAR Case The changes to the GSAM included in identified in the approved waiver issued 2015–G508.’’ Follow the instructions the proposed rule are summarized by DOT; and provided at the ‘‘Comment Now’’ below: (3) Vessels will not conduct screen. Please include your name, • GSAR subpart 536.1, General: aquaculture support operations beyond company name (if any), and ‘‘GSAR Revised to add language at GSAR VerDate Sep<11>2014 13:52 Jul 29, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\30JYP1.SGM 30JYP1

Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules 45499 536.101 to clarify applicability of this specifications for a contract or task IRFA may be obtained from the part. order. A regulatory clause is not Regulatory Secretariat. GSA invites • GSAR 536.271, Project Labor warranted. comments from small business concerns Agreements (PLA): The coverage on Æ GSAR prescription 536.570–14, and other interested parties on the project labor agreements is being Requirement for a Project Labor expected impact of this rule on small removed in its entirety as Executive Agreement and associated clause entities. Order (E.O.) 13202 revoked the June 5, 552.236–83. The GSAR language is out GSA will also consider comments 1997 Presidential Memorandum entitled of date and conflicts with FAR subpart from small entities concerning the ‘‘Use of Project Labor Agreements for 22.5 and clause 52.222–33. The current existing regulations in subparts affected Federal Construction Projects’’ that FAR coverage does not require further by this rule in accordance with 5 U.S.C. provided for the original inclusion in agency implementation or 610. Interested parties must submit such the GSAM. In addition, later PLA supplementation. comments separately and should cite 5 guidance from E.O. 13502 was U.S.C. 601, et seq., (GSAR Case 2015– incorporated into the FAR effective May III. Executive Orders 12866 and 13563 G508), in correspondence. 13, 2010 under FAR Case 2009–005. The Executive Orders (E.O.s) 12866 and GSAR language is out of date and 13563 direct agencies to assess all costs V. Paperwork Reduction Act conflicts with FAR subpart 22.5 and and benefits of available regulatory This proposed rule does not contain clause 52.222–33. The current FAR alternatives and, if regulation is any information collection requirements coverage does not require further agency necessary, to select regulatory that require approval of the Office of implementation or supplementation. approaches that maximize net benefits Management and Budget under the • GSAR subpart 536.5, Contract (including potential economic, Paperwork Reduction Act (44 U.S.C. Clauses: Several prescriptions and environmental, public health and safety Chapter 35). associated clauses will be removed as effects, distributive impacts, and List of Subjects in 48 CFR Parts 536 and listed below. equity). E.O. 13563 emphasizes the Æ GSAR prescription 536.570–3, 552 importance of quantifying both costs Specialist and associated clause and benefits, of reducing costs, of Government procurement. 552.236–72. The specialist requirement harmonizing rules, and of promoting Dated: July 23, 2015. is a technical detail contained in the flexibility. This is not a significant Jeffrey A. Koses, scope of work or specifications for a regulatory action and, therefore, was not Senior Procurement Executive, Office of contract or task order. A regulatory subject to review under section 6(b) of Acquisition Policy, Office of Government- clause is not warranted. E.O. 12866, Regulatory Planning and wide Policy. Æ GSAR prescription 536.570–5, Review, dated September 30, 1993. This Therefore, GSA proposes to amend 48 Working Hours and associated clause rule is not a major rule under 5 U.S.C. CFR parts 536 and 552 as set forth 552.236–74. The working hour’s 804. below: requirement is a technical detail ■ 1. The authority citation for 48 CFR contained in the scope of work or IV. Regulatory Flexibility Act part 536 continues to read as follows: specifications for a contract or task GSA does not expect this proposed order. Working hours are also covered rule to have a significant economic Authority: 40 U.S.C. 486(c). in FAR subparts 22.3 and 22.4. A impact on a substantial number of small PART 536—CONSTRUCTION AND regulatory clause is not warranted. entities within the meaning of the ARCHITECT-ENGINEER CONTRACTS Æ GSAR prescription 536.570–6, Use Regulatory Flexibility Act, 5 U.S.C. 601, of Premises and associated clause et seq., because the rule only deletes ■ 2. Revise section 536.101 to read as 552.236–75. The use of premises unnecessary sections and clauses and follows: requirement is a technical detail does not contain substantive changes. contained in the scope of work or 536.101 Applicability. However, an Initial Regulatory specifications for a contract or task Flexibility Analysis (IRFA) has been This part supplements FAR part 36 order. A regulatory clause is not prepared and is summarized as follows: policies and procedures applicable to warranted. contracting for construction and The proposed rule changes will not have architect-engineer services. Contracts for Æ GSAR prescription 536.570–7, a significant economic impact on a Measurements and associated clause substantial number of small entities. The rule construction management services are 552.236–76. The measurements changes do not place any new requirements covered by FAR part 37 and GSAM part requirement is a technical detail on small entities. The section, provision and 537. Part 536 shall take precedence contained in the scope of work or clause associated with project labor when the acquisition involves specifications for a contract or task agreement is no longer a requirement based construction or architect-engineer order. A regulatory clause is not on E.O. 13202 and because E.O. 13502 was services, and when the requirement is incorporated into FAR Subpart 22.5. The inconsistent with another part of the warranted. provisions and associated clauses for GSAR. Æ GSAR prescription 536.570–10, specialist, working hours, use of premises, Samples and associated clause 552.236– measurements, samples, heat, and 536.271 [Removed and Reserved] 79. Samples are a type of submittal. government use of equipment are considered Submittal requirements are contained in ■ 3. Remove and reserve section technical requirements that are contained in the scope of work or specification for a the scope of work or specifications. The rule 536.271. Lhorne on DSK7TPTVN1PROD with PROPOSALS contract or task order. Submittals are does not duplicate, overlap, or conflict with 536.570–3 [Removed and Reserved] also covered under FAR Subpart 42.3 any other Federal rules. No alternatives were determined that will accomplish the ■ 4. Remove and reserve section and FAR clause 52.246–12. A regulatory 536.570–3. objectives of the rule. clause is not warranted. Æ GSAR prescription 536.570–11, The Regulatory Secretariat has 536.570–5 through 536.570–7 [Removed Heat and associated clause 552.236–80. submitted a copy of the IRFA to the and Reserved] The heat requirement is a technical Chief Counsel for Advocacy of the Small ■ 5. Remove and reserve sections detail contained in the scope of work or Business Administration. A copy of the 536.570–5 through 536.570–7. VerDate Sep<11>2014 13:52 Jul 29, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\30JYP1.SGM 30JYP1

45500 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules 536.570–10 and 536.570–11 [Removed and reduction programs. Risk reduction is a reduction rulemaking. See 80 FR 10950, Reserved] comprehensive, system-oriented February 27, 2015. FRA will add a ■ 6. Remove and reserve sections approach to safety that: (1) Determines transcript of the discussions to the 536.570–10 and 536.570–11. an operation’s level of risk by public docket in this proceeding. identifying and analyzing applicable Public Participation Procedures. Any 536.570–14 [Removed] hazards; and (2) involves the persons wishing to make a statement at ■ 7. Remove section 536.570–14. development of plans to mitigate that the hearing should notify Miriam Authority: 40 U.S.C. 121(c). risk. Each RRP is statutorily required to Kloeppel, Staff Director, Risk Reduction be supported by a risk analysis and a Program Division, by telephone, email, PART 552—SOLICITATION Risk Reduction Program Plan (RRPP), or in writing, at least five business days PROVISIONS AND CONTRACT which must include a Technology before the date of the hearing and CLAUSES Implementation Plan and a Fatigue submit three copies of the oral statement Management Plan. FRA is also that he or she intends to make at the ■ 8. The authority citation for 48 CFR reopening the comment period for this part 552 continues to read as follows: proceeding. The notification should proceeding to allow time for interested identify the party the person represents, 552.236–72 [Removed and Reserved] parties to submit comments after the the particular subject(s) the person public hearing. plans to address, and the time ■ 9. Remove and reserve section 552.236–72. DATES: A public hearing will be held on requested. The notification should also August 27, 2015, in Washington, DC and provide the participant’s mailing 552.236–74 through 552.236–76 [Removed will commence at 9 a.m. The comment address and other contact information. and Reserved] period for the proposed rule published FRA reserves the right to limit ■ 10. Remove and reserve sections on February 27, 2015 (80 FR 10950) is participation in the hearing of persons 552.236–74 through 552.236–76. reopened. Comments must be received who fail to provide such notification. by September 10, 2015. FRA also reserves the right to limit the 552.236–79 and 552.236–80 [Removed and ADDRESSES: Public Hearing. The public duration of presentations if necessary to Reserved] hearing will be held at the Marriott afford all persons with the opportunity ■ 11. Remove and reserve sections Renaissance Hotel, 999 9th St. NW., to speak. Ms. Kloeppel’s contact 552.236–79 and 552.236–80. Washington, DC 20001. information is as follows: Staff Director, 552.236–83 [Removed] FOR FURTHER INFORMATION CONTACT: Risk Reduction Program Division, Office ■ 12. Remove section 552.236–83. Miriam Kloeppel, Staff Director, Risk of Safety Analysis, FRA, 1200 New Reduction Program Division, Office of Jersey Avenue SE., Washington, DC [FR Doc. 2015–18595 Filed 7–29–15; 8:45 am] Safety Analysis, FRA, 1200 New Jersey 20590; telephone: 202–493–6224; email: BILLING CODE 6820–61–P Avenue SE., Mail Stop 25, Washington, Miriam.Kloeppel@dot.gov. DC 20590; telephone: 202–493–6224; For information on facilities or email: Miriam.Kloeppel@dot.gov; or services for persons with disabilities, or DEPARTMENT OF TRANSPORTATION Elizabeth Gross, Trial Attorney, Office to request special assistance at the of Chief Counsel, FRA, 1200 New Jersey hearing, contact FRA Program Analyst, Federal Railroad Administration Avenue SE., Mail Stop 10, Washington, Kenton Kilgore; by telephone, email, or DC 20590; telephone: 202–493–1342; in writing; at least five business days 49 CFR Part 271 email: Elizabeth.Gross@dot.gov. before the date of the hearing. Mr. [Docket No. FRA–2009–0038] SUPPLEMENTARY INFORMATION: Interested Kilgore’s contact information is as parties are invited to present oral follows: FRA, Office of Railroad Safety, RIN 2130–AC11 statements and to offer information and Mail Stop 25, 1200 New Jersey Avenue views at the hearing. The hearing will SE., Washington, DC 20590; (202) 493– Risk Reduction Program; Public be informal and will be conducted by a 6286; Kenton.Kilgore@dot.gov. Hearing and Reopening of Comment representative FRA designates under Reopening of Comment Period. A Period FRA’s Rules of Practice (49 CFR 211.25). public hearing is scheduled after the AGENCY: Federal Railroad The hearing will be a non-adversarial close of the comment period specifically Administration (FRA), Department of proceeding. Therefore, there will be no provided for in the notice of proposed Transportation (DOT). cross examination of persons presenting rulemaking. To accommodate the public ACTION: Proposed rule; notice of public statements or offering evidence. An FRA hearing and afford interested parties the hearing and reopening of comment representative will make an opening opportunity to submit comments in period. statement outlining the scope of the response to views or information hearing. After all initial statements are provided at the public hearing, FRA is SUMMARY: On February 27, 2015, FRA completed, those persons wishing to reopening the comment period for the published a notice of proposed make a brief rebuttal will be given the proposed rule published on February rulemaking that would require certain opportunity to do so in the same order 27, 2015 (80 FR 10950), comments must railroads to develop a Risk Reduction in which the initial statements were be received by September 10, 2015. Program (RRP). FRA is announcing a made. FRA will announce additional public hearing to provide interested procedures necessary to conduct of the Issued in Washington, DC. Lhorne on DSK7TPTVN1PROD with PROPOSALS persons an opportunity to provide oral hearing at the hearing. The purpose of Robert C. Lauby, comments on the proposal. The Rail this hearing is to receive oral comments Associate Administrator for Railroad Safety, Safety Improvement Act of 2008 in response to a Notice of Proposed Chief Safety Officer. requires the development and Rulemaking (NPRM) that requested [FR Doc. 2015–18396 Filed 7–29–15; 8:45 am] implementation of railroad safety risk public comment on a potential risk BILLING CODE 4910–06–P VerDate Sep<11>2014 13:52 Jul 29, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4702 Sfmt 9990 E:\FR\FM\30JYP1.SGM 30JYP1


Document Created: 2018-02-23 09:29:51
Document Modified: 2018-02-23 09:29:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesInterested parties should submit written comments to the
ContactMs. Christina Mullins, Program Analyst, at 202-969-4066 or email at [email protected], for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite GSAR Case 2015-G508.
FR Citation80 FR 45498 
RIN Number3090-AJ57
CFR Citation48 CFR 536
48 CFR 552
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