[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Page 33910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13739]



48 CFR Parts 636, 637, and 652

[Public Notice: 10531]
RIN 1400-AE04

Department of State Acquisition Regulation; Safety Requirements

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: The Department of State (DOS) is adopting as final an interim 
rule amending the Department of State Acquisition Regulation (DOSAR) to 
provide new guidance prescribing more stringent safety requirements for 
certain overseas construction and services projects.

DATES: This final rule is effective on June 28, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Tandra Jones, Office of the 
Procurement Executive, A/OPE, 1735 North Lynn Street, Room 442, 
Arlington VA 22209. Telephone 703-875-6643.

SUPPLEMENTARY INFORMATION: The Department of State published an Interim 
Rule, Public Notice 9703, at 82 FR 58351, on December 12, 2017, with a 
request for comments. The comment period closed February 12, 2018. No 
comments on the rule were received.

Regulatory Findings

Administrative Procedure Act

    In accordance with 5 U.S.C. 553(a)(2), which exempts from the 
Administrative Procedure Act matters relating to contracts, the 
Department published this rulemaking as an interim final rule, and 
provided 60 days for public comment.

Regulatory Flexibility Act

    This rulemaking is not a ``rule'' as defined by the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.); therefore, that Act does not 
apply to it. However, the Department of State has reviewed this 
regulation and, by approving it, certifies that it will not have a 
significant economic impact on a substantial number of small entities. 
This determination was based on the fact that few of the DOS overseas 
construction contracts are performed by small business concerns. In FY 
2015, only 19 of the 161 DOS overseas construction contractors to which 
this would apply were small business concerns.

Unfunded Mandates Act of 1995

    This final rule will not result in the expenditure by State, local, 
and tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any year and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by the Small Business 
Regulatory Enforcement Act of 1996 (5 U.S.C. 801 et seq.). This rule 
will not result in an annual effect on the economy of $100 million or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and import markets.

Executive Orders 12866, 13563 and 13771

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
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.
    The Department has reviewed the regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Orders and finds that the benefits of this rule outweigh 
any costs, which the Department assesses to be minimal. This interim 
final rule is not subject to the requirements of Executive Order 13771 
because this final rule has been determined to be non-significant 
within the meaning of the Executive Order 12866.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Executive Order 13175

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

Paperwork Reduction Act

    This final rule does not impose or modify any information 
collections under the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35). The information collection related to this rulemaking has 
been assigned OMB Control Number 1405-0050.

List of Subjects in 48 CFR Parts 636, 637 and 652

    Government procurement.

Accordingly, the interim rule amending 48 CFR parts 636, 637 and 652 
that was published at 82 FR 58351, on December 12, 2017, is adopted as 
a final rule without change.

Zachary A. Parker,
Director, U.S. Department of State.
[FR Doc. 2021-13739 Filed 6-25-21; 8:45 am]