Federal Register - December 2, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations security and law enforcement review and advance the shared goal of the Commission and industry, including small entities, to make the Executive Branch review process as efficient as possible. As discussed in the FRFA in the Executive Branch Review Order, timeframes for review of FCC
applications referred to the Executive Branch have also been adopted, which will help prevent unnecessary delays and make the process more efficient and transparent, which ultimately benefits all applicants, including small entities.
65. The Commission will send a copy of the Second Report and Order, including this Supplemental FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996.

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Ordering Clauses 66. It is ordered that, pursuant to sections 4i, 4j, 214, 303, 309, 310 and 413 of the Communications Act as amended, 47 U.S.C. 154i, 154j, 214, 303, 309, 310 and 413, and the Cable Landing License Act of 1921, 47 U.S.C.
3439, and Executive Order No. 10530, Section 5a reprinted as amended in 3
U.S.C. 301, this Second Report and Order is adopted.
67. It is further ordered that as discussed herein, pursuant to 47 U.S.C.
155c and 47 CFR 0.261, the Chief of the International Bureau is directed to administer and make available on a public website, a standardized set of national security and law enforcement questions for the Categories of Information set forth in Part 1, Subpart CC of the Commissions rules.
68. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Second Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C.
801a1A.
69. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Second Report and Order, including the Supplemental Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
Federal Communications Commission.
Katura Jackson, Federal Register Liaison Officer.
FR Doc. 202124944 Filed 12121; 8:45 am BILLING CODE 671201P

16:00 Dec 01, 2021

48 CFR Parts 502, 509, 511, 512, 514, 532, 536, 538, and 552
GSAR Case 2021G510; Docket No. GSA
GSAR 20210026; Sequence No. 1
RIN 3090AK37

General Services Administration Acquisition Regulation GSAR;
Updating References to Commercial Items Office of Acquisition Policy, General Services Administration GSA.
ACTION: Final rule.
AGENCY:

G. Report to Congress
VerDate Sep<11>2014

GENERAL SERVICES
ADMINISTRATION

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The General Services Administration GSA is issuing a final rule amending the General Services Administration Acquisition Regulation GSAR to conform to changes in the Federal Acquisition Regulation FAR
that reflect an updated commercial item definition pursuant to a section of the John S. McCain National Defense Authorization Act NDAA for Fiscal Year FY 2019.
DATES: Effective January 3, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen Carroll at 8172537858 or gsarpolicy@gsa.gov, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202501
4755. Please cite GSAR Case 2021
G510.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background This final rule amends the General Services Administration Acquisition Regulation GSAR to change instances of commercial items with commercial products, commercial servicess, or both commercial products and commercial services to match similar actions taken in the Federal Acquisition Regulation FAR.
FAR Case 2018018 was published as a final rule at 86 FR 61017 on November 4, 2021, to implement section 836 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
to separate the definition of commercial item into the definitions of commercial product and commercial service.
It is important to note that the amendment to separate commercial item with commercial product and commercial service does not expand or shrink the universe of products or services that the Government may procure using GSAR part 512, nor does it change the terms and conditions vendors must comply with.

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This rule does not add any new solicitation provisions or contract clauses. This rule merely replaces the term commercial items with commercial products, commercial services, commercial products or commercial services, or commercial products and commercial services in the GSAR including in part 552, as appropriate. It does not add any new burdens because the case does not add or change any requirements with which vendors must comply.
II. Authority for This Rulemaking Title 40 of the United States Code U.S.C. Section 121 authorizes GSA to issue regulations, including the GSAR, to control the relationship between GSA
and contractors.
III. Discussion and Analysis As changed by FAR Case 2018018, and as required by section 836 of the NDAA for FY 2019, this final rule replaces instances of commercial items with commercial products, commercial services, or both commercial products and commercial services.
This final rule also replaces all instances of non-commercial and noncommercial with other than commercial as it relates to this rule.
This is an editorial change and will provide consistent language to the FAR
and throughout the GSAR.
Other minor editorial changes are made in this final rule to provide consistent language.
IV. 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 rule has been reviewed and determined by OMB not to be a significant regulatory action and, therefore, was not subject to review under section 6b of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
V. Congressional Review Act The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a major rule may take
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Federal Register - December 2, 2021

TitreFederal Register

PaysÉtats-Unis

Date02/12/2021

Page count152

Edition count7799

Première édition14/03/1936

Dernière édition22/06/2026

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