[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Page 31655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14533]
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DEPARTMENT OF DEFENSE
48 CFR Part 31
[FAC 90-39; FAR Case 94-606; Item XVIII]
RIN 9000-AG93
Federal Acquisition Regulation; Part 31 Agency Supplements
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 remove the requirement for
Civilian Agency Acquisition Council approval for agency supplements to
FAR Part 31. 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: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy F. Olson at (202) 501-3221
in reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-39, FAR case 94-606.
SUPPLEMENTARY INFORMATION:
A. Background
The Department of Transportation recommended that FAR 31.101 be
amended to remove the requirement for Civilian Agency Acquisition
Council approval for agency supplements to FAR Part 31. The change does
not amend the requirement for approval of class deviations.
Accordingly, supplementary coverage will be consistent with the FAR
Part 31 coverage, unless a class deviation is approved. Therefore,
advance approval of supplements is considered to be unnecessary.
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 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 90-39, FAR case 94-606), 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 31
Government procurement.
Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 31 is amended as set forth below:
1. The authority citation for 48 CFR Part 31 continues to read as
follows:
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 31.101 is amended by removing the third and fourth
sentences and replacing them with the following text to read as
follows:
31.101 Objectives.
* * * To achieve this uniformity, individual deviations concerning
cost principles require advance approval of the agency head or
designee. Class deviations for the civilian agencies require advance
approval of the Civilian Agency Acquisition Council. Class deviations
for the National Aeronautics and Space Administration require advance
approval of the Associate Administrator for Procurement. Class
deviations for the Department of Defense require advance approval of
the Director of Defense Procurement, Office of the Under Secretary of
Defense for Acquisition and Technology.
[FR Doc. 96-14533 Filed 6-19-96; 8:45 am]
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