[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65599-65600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28929]


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

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.

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

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 E.O. 13201 was 
revoked by E.O. 13496 of January 30, 2009, Notification of Employee 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