[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Rules and Regulations]
[Page 65599-65600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de09-20]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 22, and 52
[FAC 2005-38; FAR Case 2009-017; Item I; Docket 2009-0040, Sequence 1]
RIN 9000-AL47
Federal Acquisition Regulation; FAR Case 2009-017, Revocation of
Executive Order 13201, Notification of Employee Rights Concerning
Payment of Union Dues or Fees
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (the Councils) are issuing a final rule
amending the Federal Acquisition Regulation (FAR) to delete FAR Subpart
22.16 and the corresponding clause at FAR 52.222-39, Notification of
Employee Rights Concerning Payment of Union Dues or Fees, which
implemented Executive Order (E.O.) 13201 of February 17, 2001, of the
same title. E.O. 13201 required contractors to post a notice informing
employees of their rights concerning payment of union dues or fees and
detailed that employees could not be required to join unions or
maintain membership in unions to retain their jobs. E.O. 13201 was
revoked by E.O. 13496 of January 30, 2009, Notification of Employee
Rights Under Federal Labor Laws.
DATES: Effective Date: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-38, FAR
case 2009-017.
SUPPLEMENTARY INFORMATION:
A. Background
On January 30, 2009, the President issued E.O. 13496 (74 F.R. 6107,
February 4, 2009) which requires contractors to post a notice informing
employees of their rights under Federal labor laws, including the
National Labor Relations Act, 29 U.S.C. 151 et seq. This Act encourages
collective bargaining, allowing workers to freely associate, self-
organize, and designate representatives of their own choosing for the
purpose of negotiating the terms and conditions of their employment or
other mutual aid or protection. E.O. 13496 revoked the prior E.O.
13201. The new E.O. sets forth a different policy that will be included
in the FAR as a separate rule in conjunction with guidance from the
Secretary of Labor on the appropriate content for a replacement notice
to employees. Therefore, the language at FAR Subpart 22.16 that
prescribes the policy and procedures of E.O. 13201 is no longer
applicable.
This final rule amends the FAR to delete FAR Subpart 22.16 in its
entirety as well as the corresponding clause at FAR 52.222-39. FAR
clauses 52.212-5 and 52.244-6 are also amended to delete any references
to the revoked E.O. 13201 and FAR clause 52.222-39. The Department of
Labor rescinded its
[[Page 65600]]
implementing regulations on March 30, 2009 (74 F.R. 14045).
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. However, the Councils will consider comments
from small entities concerning the affected FAR parts 2, 22, and 52 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. (FAC 2005-38,
FAR case 2009-017), in all correspondence.
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 2, 22, and 52
Government procurement.
Dated: November 30, 2009.
Al Matera,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 22, and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 2, 22, and 52 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 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
2. Amend section 2.101 in paragraph (b)(2), in the definition ``United
States'', by removing paragraph (5), and redesignating paragraphs (6)
through (9) as paragraphs (5) through (8), respectively.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Subpart 22.16--[Removed and reserved]
0
3. Remove and reserve subpart 22.16.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing paragraph (b)(26), and redesignating paragraphs (b)(27)
through (b)(43) as (b)(26) through (b)(42), respectively;
0
c. Removing and reserving paragraph (e)(1)(vii); and
0
d. In Alternate II by--
0
i. Revising the date of the alternate; and
0
ii. Removing paragraph (e)(1)(ii)(G), and redesignating paragraphs
(e)(1)(ii)(H) through (e)(1)(ii)(N) as paragraphs (e)(1)(ii)(G) through
(e)(1)(ii)(M), respectively.
0
The revised text reads as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2009)
* * * * *
Alternate II (DEC 2009). * * *
* * * * *
0
5. Amend section 52.213-4 by revising the date of the clause and
paragraph (a)(2)(vi) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN
COMMERCIAL ITEMS) (DEC 2009)
(a) * * *
(2) * * *
(vi) 52.244-6, Subcontracts for Commercial Items (DEC 2009).
* * * * *
52.222-39 [Removed and reserved]
0
6. Remove and reserve section 52.222-39.
52.244-6 [Amended]
0
7. Amend section 52.244-6 by revising the date of the clause to read
``(DEC 2009)''; and by removing and reserving paragraph (c)(1)(vii).
[FR Doc. E9-28929 Filed 12-9-09; 8:45 am]
BILLING CODE 6820-EP-S