[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31659-31660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14539]
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DEPARTMENT OF DEFENSE
48 CFR Parts 34 and 52
[FAC 90-39; FAR Case 93-304; Item XXIV]
RIN 9000-AG11
Federal Acquisition Regulation; Defense Production Act Amendments
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to convert the interim rule
published in the Federal Register at 59 FR 67047, December 28, 1994, to
a final rule. This rule amends the Federal Acquisition Regulation (FAR)
to add policy and procedures for testing and qualification, and use of
industrial resources manufactured or developed with assistance provided
under Title III of the Defense Production Act (DPA) of 1950. 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: June 20, 1996.
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 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-39, FAR case 93-304.
SUPPLEMENTARY INFORMATION:
A. Background
Title III of the DPA authorizes various forms of Government
assistance to encourage expansion of production of capacity and supply
of industrial resources essential to national defense. The DPA
Amendments of 1992 (Public Law 102-558) provide for the testing,
qualification, and use of industrial resources manufactured or
developed with assistance provided under Title III of the DPA. This
rule expresses Government policy to pay for such testing, and provides
definitions, procedures, and a contract clause to implement the policy.
An interim rule was published in the Federal Register on December 28,
1994 (59 FR 67047), with a request for public comments. No comments
were received.
B. Regulatory Flexibility Act
The addition of FAR Subpart 34.1 may have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because small
entities are sometimes asked to perform the qualification testing
required under the rule. A Final Regulatory Flexibility Analysis has
been prepared and is summarized as follows:
The change is required to implement amendments to the DPA made by
Public Law 102-558. The DPA amendments provide for testing,
qualification, and use of industrial resources manufactured or
developed with assistance provided under Title III of the DPA. This
rule expresses Government policy to pay for such testing, and provides
definitions, procedures, and a contract clause to implement the policy.
This rule will apply to any small entity that has Government contracts
that require qualification testing under the Act. A reporting
requirement is in the rule that requires contractors who perform this
testing to provide the test results to the Government. No public
comments were received in response to the statement in the interim rule
regarding the Regulatory Flexibility Act. There are no alternatives
that will accomplish the objectives of the rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act is deemed to apply because the final
rule contains information collection requirements. Accordingly, a
request for approval of a new information collection requirement
concerning the DPA Amendments was submitted to the Office of Management
and Budget under 44 U.S.C. 3501, et seq., and approved under OMB
Control No. 9000-0133 effective through September 30, 1997. Public
comments concerning this request were invited through a Federal
Register notice at 59 FR 67047, December 28, 1994, and no comments were
received.
List of Subjects in 48 CFR Parts 34 and 52
Government procurement.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending CFR Parts 34 and 52, which
was published at 59 FR 67047, December 28, 1994 (FAC 90-23, Item XXIV),
is adopted as a final rule without change.
The authority citation for 48 CFR Parts 34 and 52 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).
[[Page 31660]]
Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-14539 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P
