96-32806. Federal Acquisition Regulation; Major System Definition

[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Rules and Regulations]
[Page 69288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32806]


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DEPARTMENT OF DEFENSE
48 CFR Part 2

[FAC 90-44; FAR Case 96-322; Item II]
RIN 9000-AH42


Federal Acquisition Regulation; Major System Definition

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 amending 
the Federal Acquisition Regulation (FAR) to revise the dollar 
thresholds in the definition of ``major system'' for the Department of 
Defense. This regulatory action was not subject to Office of Management 
and Budget review under Executive Order 12866, dated September 30, 
1993. This is not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: December 31, 1996.

FOR FURTHER INFORMATION CONTACT:
Mr. Jack O'Neill at [phone] in reference to this FAR case. For 
general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC 20405 [phone]. Please cite FAC 90-44, 
FAR case 96-322.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 805 of the National Defense Authorization Act for Fiscal 
Year 1997 (Pub. L. 104-201) amends the definition of ``major system'' 
in 10 U.S.C. 2302. This rule revises the definition at FAR 2.101 to 
conform with Section 805.

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 subpart 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 90-44, FAR case 96-322), 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 2

    Government procurement.

    Dated: December 19, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Part 2 is amended as set forth below:

PART 2--DEFINITIONS OF WORDS AND TERMS

    1. The authority citation for 48 CFR Part 2 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 2.101 is amended in the definition of ``Major system'' 
by revising paragraph (a), and adding at the end of paragraph (c) the 
parenthetical ``(10 U.S.C. 2302 and 41 U.S.C. 403).'' to read as 
follows:


2.101  Definitions.

* * * * *
    Major system * * *
    (a) The Department of Defense is responsible for the system and the 
total expenditures for research, development, test, and evaluation for 
the system are estimated to be more than $115,000,000 (based on fiscal 
year 1990 constant dollars) or the eventual total expenditure for the 
acquisition exceeds $540,000,000 (based on fiscal year 1990 constant 
dollars);
* * * * *
[FR Doc. 96-32806 Filed 12-30-96; 8:45 am]
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