81 FR 42265 - General Services Administration Acquisition Regulation (GSAR); Rewrite of GSAR Part 515, Contracting by Negotiation; Corrections

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 81, Issue 125 (June 29, 2016)

Page Range		42265-42266
FR Document		2016-15238

The General Services Administration (GSA) is issuing a correction to Change 72; GSAR Case 2008-G506; Rewrite of GSAR Part 515, Contracting by Negotiation, which was published in the Federal Register at 81 FR 36423, June 6, 2016.

Federal Register, Volume 81 Issue 125 (Wednesday, June 29, 2016)

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Rules and Regulations]
[Pages 42265-42266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15238]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 515

[Change 72; GSAR Case 2008-G506; Corrections; Docket 2008-0007; 
Sequence 14]
RIN 3090-AI76


General Services Administration Acquisition Regulation (GSAR); 
Rewrite of GSAR Part 515, Contracting by Negotiation; Corrections

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

ACTION: Final rule; corrections.

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SUMMARY: The General Services Administration (GSA) is issuing a 
correction to Change 72; GSAR Case 2008-G506; Rewrite of GSAR Part 515, 
Contracting by Negotiation, which was published in the Federal Register 
at 81 FR 36423, June 6, 2016.

DATES: Effective: July 6, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification about content, 
contact Ms. Dana Munson at 202-357-9652. For information pertaining to 
the status or publication schedules, contact the Regulatory Secretariat 
Division (MVCB), 1800 F Street NW., Washington, DC 20405, (202) 501-
4755. Please cite GSAR Case 2008-G506; Corrections.

SUPPLEMENTARY INFORMATION: GSA published a document in the Federal 
Register at 81 FR 36423, June 6, 2016, inadvertently section 515.5 and 
515.70 contained typographical errors.

Corrections

    In the rule FR Doc. 2016-13114, published in the Federal Register 
at 81 FR 36423, June 6, 2016, make the following corrections:
    1. On page 36425, first column, instruction number 3, remove 
``revised'' and add ``continues'' in its place.
    2. On page 36425, second column, under the heading ``515.5 and 
515.70 [Removed]'', revise instruction number 7 to read as follows:
    ``7. Remove subparts 515.5 and 515.70.''

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


[[Page 42266]]


    Dated: June 23, 2016.
Jeffrey A. Koses,
Office of Acquisition Policy, Senior Procurement Executive, General 
Services Administration.
[FR Doc. 2016-15238 Filed 6-28-16; 8:45 am]
BILLING CODE 6820-61-P

Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations 42265

Docket 13–44 that made many 7. The Petition for Reconsideration of expiration date before July 13, 2017 may
modifications to its equipment The Telecommunications Industry request the Commission to extend their
authorization rules and procedures. Association is granted to the extent expiration date through July 12, 2017.
Subsequently, Motorola Solutions, Inc. indicated herein and otherwise denied. * * * * *
(Motorola) and the Telecommunications 8. The Petition for Partial [FR Doc. 2016–15336 Filed 6–28–16; 8:45 am]
Industry Association (TIA) filed Reconsideration of Motorola Solutions, BILLING CODE 6712–01–P
separate petitions requesting Inc. is granted to the extent indicated
reconsideration and/or clarification of herein and otherwise denied.
the Report and Order. Both petitions 9. The Commission’s Consumer and
focused on a narrow set of related Governmental Affairs Bureau, Reference GENERAL SERVICES
issues, including the process for Information Center, shall send a copy of ADMINISTRATION
accreditation of testing laboratories this Report and Order, including the
located in countries that have not Final Regulatory Certification, to the 48 CFR Part 515
entered into a Mutual Recognition Chief Counsel for Advocacy of the Small
Agreement (MRA) with the United Business Administration. [Change 72; GSAR Case 2008–G506;
States and the transition period for such 10. The Commission will send a copy Corrections; Docket 2008–0007; Sequence
accreditation. of this Memorandum Opinion and 14]
4. The Memorandum Opinion and Order and Order on Reconsideration to
Order and Order on Reconsideration Congress and the Government RIN 3090–AI76
grants the petitions in part. To address Accountability Office pursuant to the
petitioners’ concerns that there is a lack Congressional Review Act. see 5 U.S.C. General Services Administration
of a clear process for the recognition of 801(a)(1)(A). Acquisition Regulation (GSAR);
accrediting bodies within non-MRA Pursuant to the authority contained in Rewrite of GSAR Part 515, Contracting
countries, the Commission discussed Sections 4(i), 4(j), and 303 of the by Negotiation; Corrections
how the criteria listed in Section 2.949 Communications Act, as amended, 47
U.S.C. 154(i), 154(j) and 303, that AGENCY: Office of Acquisition Policy,
of its rules will apply to compliance Office of Government-wide Policy,
testing laboratories that are seeking to should no petitions for reconsideration
or applications for review be timely General Services Administration (GSA).
become recognized by the Commission
filed, this proceeding is terminated and ACTION: Final rule; corrections.
as properly accredited, and directed its
Office of Engineering and Technology to ET Docket No. 13–44 is closed.
SUMMARY: The General Services
publish whatever additional List of Subjects in 47 CFR Part 2 Administration (GSA) is issuing a
information is needed to address the correction to Change 72; GSAR Case
Communications equipment,
form and substance application 2008–G506; Rewrite of GSAR Part 515,
Reporting and recordkeeping
submissions should take. The Contracting by Negotiation, which was
requirements.
Commission also extended the published in the Federal Register at 81
transition deadlines for testing Federal Communications Commission. FR 36423, June 6, 2016.
laboratories to become accredited, an Marlene H. Dortch,
DATES: Effective: July 6, 2016.
action that particularly affects Secretary.
laboratories currently operating under a FOR FURTHER INFORMATION CONTACT: For
specific rule provision that the Report Final Rules clarification about content, contact Ms.
and Order had eliminated. It found For the reasons discussed in the Dana Munson at 202–357–9652. For
merit in the petitioners’ concerns that preamble, the Federal Communications information pertaining to the status or
many laboratories—including those Commission amends 47 CFR part 2 as publication schedules, contact the
located in countries that have not follows: Regulatory Secretariat Division (MVCB),
entered into a mutual recognition 1800 F Street NW., Washington, DC
agreement MRA with the United PART 2—FREQUENCY ALLOCATIONS 20405, (202) 501–4755. Please cite
States—would not be able to become AND RADIO TREATY MATTERS; GSAR Case 2008–G506; Corrections.
accredited under the existing timeline. GENERAL RULES AND REGULATIONS SUPPLEMENTARY INFORMATION: GSA
The Commission denied a request to let published a document in the Federal
a Commission-recognized testing ■ 1. The authority citation for part 2 Register at 81 FR 36423, June 6, 2016,
laboratory that is located in an MRA continues to read as follows: inadvertently section 515.5 and 515.70
country vouch for a subsidiary located Authority: 47 U.S.C. 154, 302a, 303, and contained typographical errors.
in non-MRA country, concluding that 336, unless otherwise noted.
Corrections
such action was not needed in light of ■ 2. Section 2.950 is amended by
the other relief it was providing. In the rule FR Doc. 2016–13114,
revising paragraph (e) to read as follows:
published in the Federal Register at 81
Ordering Clauses FR 36423, June 6, 2016, make the
§ 2.950 Transition periods.
5. Pursuant to Sections 1, 4(i), 7(a), * * * * * following corrections:
301, 302, 303(f), 303(g), 303(r), 307(e) (e) The Commission will no longer 1. On page 36425, first column,
and 332 of the Communications Act of accept applications for § 2.948 test site instruction number 3, remove ‘‘revised’’
1934, as amended, 47 U.S.C. Sections listing as of July 13, 2015. Laboratories and add ‘‘continues’’ in its place.
mstockstill on DSK3G9T082PROD with RULES

151, 154(i), 157(a), 301, 302a, 303(f), that are listed by the Commission under 2. On page 36425, second column,
303(g), 303(r), 307(e), and 332, this the § 2.948 process will remain listed under the heading ‘‘515.5 and 515.70
Memorandum Opinion and Order and until the sooner of their expiration date [Removed]’’, revise instruction number
Order on Reconsideration is adopted. or through July 12, 2017 and may 7 to read as follows:
6. The rules and requirements continue to submit test data in support ‘‘7. Remove subparts 515.5 and
adopted herein will be effective July 29, of certification applications through 515.70.’’
2016. October 12, 2017. Laboratories with an Authority: 40 U.S.C. 121(c).

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42266 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations

Dated: June 23, 2016. Adjustment Act of 1990 (the Inflation 107.329, Appendix A to subpart D of 49
Jeffrey A. Koses, Adjustment Act) (Pub. L. 101–410), CFR part 107, and 49 CFR 171.1 are:
Office of Acquisition Policy, Senior requires that the Agency make an initial • Revising the maximum civil penalty
Procurement Executive, General Services catch up adjustment with subsequent from $75,000 to $77,114 for a person
Administration. annual adjustments to the maximum who knowingly violates the Federal
[FR Doc. 2016–15238 Filed 6–28–16; 8:45 am] and minimum civil penalties set forth in hazardous material transportation law
BILLING CODE 6820–61–P 49 U.S.C. 5123(a) for a knowing or a regulation, order, special permit, or
violation of the Federal hazardous approval issued under that law.
material transportation law or a • Revising the maximum civil penalty
DEPARTMENT OF TRANSPORTATION regulation, order, special permit, or from $175,000 to $179,933 for a person
approval issued under that law. These who knowingly violates the Federal
Pipeline and Hazardous Materials changes to the maximum and minimum hazardous material transportation law
Safety Administration civil penalty amounts apply to or a regulation, order, special permit, or
violations assessed on or after the approval issued under that law that
49 CFR Parts 107 and 171 effective date, August 1, 2016. results in death, serious illness, or
The Office of Management and severe injury to any person or
[Docket No. PHMSA–2016–0041 (HM–258D)] Budget’s (OMB) ‘‘Memorandum for the substantial destruction of the property.
RIN 2137–AF23
Heads of Executive Departments and • Revising the minimum penalty
Agencies, Implementation of the Federal amount from $450 to $463 for a
Hazardous Materials: Revision of Civil Penalties Inflation Adjustment Act violation related to training.
Maximum and Minimum Civil Penalties Improvements Act of 2015,’’ M16–06, As required by the 2015 Act, PHMSA
provides guidance on how to update is making these catch up adjustments
AGENCY: Pipeline and Hazardous agencies’ civil penalties pursuant to the through an interim final rule. PHMSA is
Materials Safety Administration 2015 Act. For the catch up adjustment, not providing a notice of proposed
(PHMSA), DOT. the calculation uses multipliers to rulemaking or an opportunity for public
ACTION: Interim final rule. adjust the civil monetary penalties, or comment. The catch up adjustments
the minimum and maximum penalties, required by the 2015 Act are statutorily
SUMMARY: PHMSA is revising the based on the year the penalty was required ministerial acts, for which
maximum and minimum civil penalties established or last adjusted by statute or PHMSA has no discretion, and as a
for a knowing violation of the Federal regulation other than under the Inflation result public comment is unnecessary.
hazardous material transportation law Adjustment Act. The Agency or As such, notice and comment
or a regulation, order, special permit, or Department would then use the procedures are ‘‘impracticable,
approval issued under that law. The multiplier, based on the Consumer Price unnecessary, or contrary to the public
‘‘Federal Civil Penalties Inflation Index for October 2015 provided in a interest’’ within the meaning of the
Adjustment Act Improvements Act of table in that guidance document, and Administrative Procedure Act. 5 U.S.C.
2015’’ (the 2015 Act), which amended multiply it by the current penalty. 553(b)(3)(B).
the Federal Civil Penalties, Inflation Congress passed the Moving Ahead for
Adjustment Act of 1990 (the Inflation Progress in the 21st Century Act (MAP– II. Rulemaking Analyses and Notices
Adjustment Act), requires Agencies to 21) in 2012, which amended the A. Statutory/Legal Authority for This
update their civil monetary penalties maximum penalty for a knowing Rulemaking
through interim final rulemaking. The violation of the Federal hazardous
maximum civil penalty for a knowing material safety law, regulation, order, This interim final rule is published
violation is now $77,114, except for special permit, or approval to $75,000, under the authority of the Federal
violations that result in death, serious and to $175,000 for a person who hazardous materials transportation law
illness, or severe injury to any person or knowingly violates the Federal (49 U.S.C. 5101 et seq.). Section 5123(a)
substantial destruction of property, for hazardous material transportation law of that law provides civil penalties for
which the maximum civil penalty is or a regulation, order, special permit, or knowing violations of Federal
$179,933. In addition, the minimum approval issued under that law that hazardous material transportation law
civil penalty amount for a violation results in death, serious illness, or or a regulation, order, special permit, or
relating to training is now $463. severe injury to any person or approval issued under that law. This
DATES: Effective Date: August 1, 2016. substantial destruction of the property. rule revises the references in PHMSA’s
MAP–21 also added a $450 minimum regulations by (1) revising the maximum
FOR FURTHER INFORMATION CONTACT:
for a training violation. The multiplier penalty amount for a knowing violation
Laura Ulmer or Shawn Wolsey, Office of and a knowing violation resulting in
for 2012, which was the last year these
Chief Counsel, (202) 366–4400, Pipeline death, serious illness, or severe injury to
civil monetary penalties were amended
and Hazardous Materials Safety any person or substantial destruction of
by statute or regulation other than under
Administration, U.S. Department of property to $77,114 and $179,933,
the Inflation Adjustment Act, from the
Transportation, 1200 New Jersey respectively, and (2) revising the
guidance document is 1.02819. After
Avenue SE., Washington, DC 20590– minimum penalty amount to $463 for a
making the adjustment, all penalty
0001. levels must be rounded to the nearest violation related to training.
SUPPLEMENTARY INFORMATION: dollar, but no penalty level may be
B. Executive Order 12866, Executive
increased by more than 150 percent of
I. Civil Penalty Amendments Order 13563, and DOT Regulatory
mstockstill on DSK3G9T082PROD with RULES

corresponding penalty levels in effect
Section 701 of the ‘‘Federal Civil Policies and Procedures
on November 2, 2015.
Penalties Inflation Adjustment Act Accordingly, PHMSA is revising the This interim final rule has been
Improvements Act of 2015’’ (the 2015 references to the maximum and evaluated in accordance with existing
Act) (Pub. L. 114–74, 129 Stat. 599 minimum civil penalty amounts in its policies and procedures and determined
[November 2, 2015]), which amended regulations to reflect the changes to be non-significant under Executive
the Federal Civil Penalties, Inflation required by the 2015 Act. In 49 CFR Orders 12866 and 13563. However,

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Document Created: 2018-02-08 07:42:45
Document Modified: 2018-02-08 07:42:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; corrections.
Dates		Effective: July 6, 2016.
Contact		For clarification about content, contact Ms. Dana Munson at 202-357-9652. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, (202) 501- 4755. Please cite GSAR Case 2008-G506; Corrections.
FR Citation		81 FR 42265
RIN Number		3090-AI76