[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Pages 44804-44805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21487]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 9, 14, 19, 22, 33, and 52
[FAC 97-01; FAR Case 96-601; Item II]
RIN 9000-AH31
Federal Acquisition Regulation; FASA and the Walsh-Healey Public
Contracts Act
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 as Item I of Federal Acquisition Circular 90-43 on December
20, 1996, to a final rule without change. The rule amends the Federal
Acquisition Regulation (FAR) to eliminate the requirement that covered
contractors under the Walsh-Healey Public Contracts Act must be either
the manufacturer of or a regular dealer in the materials, supplies,
articles, or equipment to be manufactured or used in the performance of
the contract. 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.
DATES: Effective October 21, 1997.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405 (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Jack O'Neill, Procurement Analyst, at (202) 501-
3856. Please cite FAC 97-01, FAR case 96-601.
SUPPLEMENTARY INFORMATION:
A. Background
On December 20, 1996 (61 FR 67409), the DoD, GSA, and NASA
published an interim FAR rule implementing the Federal Acquisition
Streamlining Act of 1994 (Pub. L. 103-355) amendments to the Walsh-
Healey Public Contracts Act. The interim rule deleted the
``manufacturer'' or ``regular dealer'' requirements and all related
definitions from the FAR, consistent with a Department of Labor final
rule issued on
[[Page 44805]]
August 5, 1996 (61 FR 40714). No comments were received in response to
the interim FAR rule. Therefore, the interim FAR rule is being
converted to a final rule without change.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 this rule merely amends
the FAR to conform to revisions to Department of Labor (DoL)
regulations reflecting repeal of the ``manufacturer'' and ``regular
dealer'' requirements under the Walsh-Healey Public Contracts Act. DoL
has determined that the revisions to its regulations will not have a
significant economic impact on a substantial number of small entities.
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 Parts 1, 9, 14, 19, 22, 33, and 52
Government procurement.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR Parts 1, 9, 14, 19,
22, 33, and 52 which was published at 61 FR 67409, December 20, 1996,
is adopted as a final rule without change.
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
Dated: August 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 97-21487 Filed 8-21-97; 8:45 am]
BILLING CODE 6820-EP-P
