[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Page 67411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32002]
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DEPARTMENT OF DEFENSE
48 CFR Part 1
[FAC 90-43; FAR Case 96-004; Item II]
RIN 9000-AH32
Federal Acquisition Regulation; Individual and Class Deviations
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule to amend
the Federal Acquisition Regulation (FAR) to eliminate the requirements
for all agencies to submit copies of approved individual deviations to
the FAR Secretariat, and for DOD and NASA to submit copies of approved
class deviations to the FAR Secretariat. This regulatory action was not
subject to Office of Management and Budget review under Executive Order
12866, dated September 30, 1993, and is not a major rule under 5 U.S.C.
804.
EFFECTIVE DATE: February 18, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-43, FAR case 96-004.
SUPPLEMENTARY INFORMATION:
A. Background
DOD and NASA monitor approved deviations to the FAR and recommend
revisions to the regulation as appropriate. Accordingly, collection of
their deviations by the FAR Secretariat is no longer considered
necessary. Furthermore, collection of individual deviations approved by
all agencies is no longer considered necessary and is being deleted
from the regulation.
B. Regulatory Flexibility Act
The 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. Therefore, the Regulatory
Flexibility Act does not apply. However, comments from small entities
concerning the affected FAR part will be considered in accordance with
5 U.S.C. 610. Such comments must be submitted separately and cite 5
U.S.C. 601, et seq. (FAC 90-43, FAR case 96-004), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which 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 1
Government procurement.
Dated: December 11, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 1 is amended as set forth below:
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1. The authority citation for 48 CFR Part 1 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 1.403 is amended by revising the last sentence to read
as follows:
1.403 Individual deviations.
* * * The justification and agency approval shall be documented in
the contract file.
3. Section 1.404 is amended by revising the last sentence of the
introductory text to read as follows:
1.404 Class deviations.
* * * For civilian agencies other than NASA, a copy of each
approved class deviation shall be furnished to the FAR Secretariat.
* * * * *
4. Section 1.405 is amended by revising paragraphs (d) and (e) to
read as follows:
1.405 Deviations pertaining to treaties and executive agreements.
* * * * *
(d) For civilian agencies other than NASA, a copy of the text
deviation authorized under paragraph (b) or (c) of this section shall
be transmitted to the FAR Secretariat through a central agency control
point.
(e) For civilian agencies other than NASA, if a deviation required
to comply with a treaty or an executive agreement is not authorized by
paragraph (b) or (c) of this section, then the request for deviation
shall be processed through the FAR Secretariat to the Civilian Agency
Acquisition Council.
[FR Doc. 96-32002 Filed 12-19-96; 8:45 am]
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