[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Proposed Rules]
[Pages 39719-39720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16902]



41 CFR Part 102-77

[FMR Case 2015-102-3; Docket No. 2015-0007; Sequence No. 1]
RIN 3090-AJ60

Federal Management Regulation; Art-in-Architecture

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

ACTION: Proposed rule.


SUMMARY: GSA is proposing to amend the Federal Management Regulation 
(FMR) by revising its coverage of Art-in-Architecture. This proposed 
rule provides clarification to the policies that support the efforts to 
collect, manage, fund and commission fine art in Federal buildings.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
September 8, 2015 to be considered in the formation of the final rule.

ADDRESSESS:  Submit comments in response to FMR Case 2015-102-3 by any 
of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking Portal by searching for ``FMR Case 
2015-102-3.'' Select the link ``Comment Now'' that corresponds with 
``FMR Case 2015-102-3.'' Follow the instructions provided at the 
``Comment Now'' screen. Please include your name, company name (if 
any), and ``FMR Case 2015-102-3 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 FMR Case 2015-
102-3, 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 

Government-wide Policy, Office of Asset and Transportation Management 
(MA), at

[[Page 39720]]

202-501-1624, or by email at [email protected]. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat, at 202-501-4755. Please cite FMR Case 2015-102-3.


A. Background

    As part of its regular cycle to review and update its real property 
policies, GSA is proposing to revise its policy on Art-in-Architecture 
that is located in FMR part 102-77 (41 CFR part 102-77). This part was 
last revised on November 8, 2005 at 70 FR 67847.

Proposed Changes

    The proposed changes to FMR part 102-77 reflect an internal as well 
as an interagency collaborative effort. Major proposed changes include 
the following:
    Section 102-77.10 recommends the practice of commissioning artwork 
and also requires that the art be the work of living American artists.
    Section 102-77.20 proposes that to the maximum extent possible, 
agencies should collaborate with representatives of the client agency 
and with others who are tied to the project to commission the nation's 
most talented artists.
    Section 102-77.25 calls for agencies to implement the Art-in-
Architecture policies in a manner that receives national and local 
visibility to facilitate participation by a large and diverse group of 
American artists.

B. 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.

C. Regulatory Flexibility Act

    While these revisions are substantive, this proposed rule would not 
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. This proposed rule is also exempt from the Administrative 
Procedure Act per 5 U.S.C. 553 (a)(2) because it applies to agency 
management or personnel.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FMR do not impose recordkeeping or information 
collection requirements, or the collection of information from 
offerors, contractors, or members of the public that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This proposed rule is exempt from Congressional review prescribed 
by 5 U.S.C. 801 since it relates to agency management and personnel.

List of Subjects in 41 CFR Part 102-77

    Arts and Crafts.

    Dated: May 7, 2015.
Giancarlo Brizzi,
Acting Associate Administrator.

    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR part 102-77 as follows:


1. The authority continues to read as follows:

    Authority:  40 U.S.C. 121 and 3306.

2. Revise Sec.  102-77.10 to read as follows:

Sec.  102-77.10  What basic Art-in-Architecture policy governs Federal 

    Federal agencies must incorporate fine arts as an integral part of 
the total building concept when designing new Federal buildings, and 
when making substantial repairs and alterations to existing Federal 
buildings, as appropriate. The commissioned artworks--including 
painting, sculpture and various other media--must reflect the national 
cultural heritage and be the work of living American artists (citizens 
or permanent residents of the United States).
3. Revise Sec.  102-77.20 to read as follows:

Sec.  102-77.20  With whom should Federal agencies collaborate when 
commissioning and selecting art for Federal buildings?

    To the maximum extent practicable, Federal agencies should 
collaborate with representatives of the client agency and the local 
community, the designer, and arts professionals to commission the 
nation's most talented artists to create significant civic-scaled 
artwork of outstanding quality and value. Federal agencies should work 
collaboratively with the artist, community, and art and design 
professionals to produce works of art that reflect the cultural, 
intellectual, and historic interests of the nation and the community. 
Federal agencies should commission artwork that is diverse in style and 
4. Revise Sec.  102-77.25 to read as follows:

Sec.  102-77.25  Do Federal agencies have responsibilities to provide 
national visibility for Art-in-Architecture?

    Yes, Federal agencies should implement these Art-in-Architecture 
policies in a manner that receives appropriate national and local 
visibility to facilitate participation by a large and diverse group of 
American artists representing a wide variety of types of artwork.

[FR Doc. 2015-16902 Filed 7-9-15; 8:45 am]