Rule2023-16904
General Services Administration Acquisition Regulation: Update to OMB Approval Table for Paperwork Reduction Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2023
Effective
September 8, 2023
Issuing agencies
General Services Administration
Abstract
The General Services Administration is issuing this final rule as a technical amendment to the General Services Administration Acquisition Regulation to update the table of approved acquisition related information collections from the Office of Management and Budget under the Paperwork Reduction Act.
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53811-53812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16904]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 501
[GSAR Case 2022-G518; Docket No. GSA-GSAR-2023-0021; Sequence No. 1]
General Services Administration Acquisition Regulation: Update to
OMB Approval Table for Paperwork Reduction Act
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule; technical amendment.
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SUMMARY: The General Services Administration is issuing this final rule
as a technical amendment to the General Services Administration
Acquisition Regulation to update the table of approved acquisition
related information collections from the Office of Management and
Budget under the Paperwork Reduction Act.
DATES: Effective September 8, 2023.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Curtis Hasuchildt, GSA Acquisition Policy Division, at 817-253-7858
or <a href="/cdn-cgi/l/email-protection#4007130112102f2c292339002733216e272f36"><span class="__cf_email__" data-cfemail="6423372536340b080d071d240317054a030b12">[email protected]</span></a>. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#692e3a283b0c0e1a0c0a290e1a08470e061f"><span class="__cf_email__" data-cfemail="b4f3e7f5e6d1d3c7d1d7f4d3c7d59ad3dbc2">[email protected]</span></a>. Please cite GSAR Case 2022-G518.
SUPPLEMENTARY INFORMATION:
I. Background
The Paperwork Reduction Act of 1980 (44 U.S.C. 35, et seq.) imposes
a requirement on Federal agencies to obtain approval from the Office of
Management and Budget (OMB) before collecting information from 10 or
more members of the public. The General Services Acquisition Regulation
(GSAR) at 501.106 includes a table that identifies all OMB approved
control numbers for GSA (3090 series) and the Federal Acquisition
Regulation (FAR) (9000 series) that are applicable to GSA acquisition
requirements. As part of the regulatory review process, GSA realized
that the table required a correction to the listed OMB control number
pertaining to GSAR clause 552.238-85.
Therefore, within the table at 501.106, GSA is correcting the OMB
control number from 3090-0303 to OMB control numbers 3090-0235 and
3090-0306 specific to GSAR Clause 552.238-85.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C. 1707 requires that a procurement
policy, regulation, procedure, or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment
because the change is technical in nature and makes conforming updates
to the title and number of a referenced policy document.
III. 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.
The Office of Information and Regulatory Affairs (OIRA) in the Office
of Management and Budget (OMB) has determined that this is not a
significant regulatory action and, therefore, was not subject to review
under Section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993.
IV. 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 effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. The General Services
Administration will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register.
The Office of Information and Regulatory Affairs in the Office of
Management and Budget has determined that this is not a major rule
under 5 U.S.C. 804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not
apply to this rule, because an opportunity for public comment is not
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see
Section II. of this preamble). Accordingly, no regulatory flexibility
analysis is required and none has been prepared.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR 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.
List of Subjects in 48 CFR Part 501
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA amends 48 CFR part 501 as follows:
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
0
1. The authority citation for 48 CFR part 501 continues to read as
follows:
[[Page 53812]]
Authority: 40 U.S.C. 121(c).
0
2. In section 501.106, amend the table by revising the entry for
``552.238-85'' to read as follows:
501.106 OMB approval under the Paperwork Reduction Act.
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OMB control
GSAR reference No.
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552.238-85.............................................. 3090-0235,
3090-0306
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[FR Doc. 2023-16904 Filed 8-8-23; 8:45 am]
BILLING CODE 6820-61-P
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