[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30646]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 32

[FAC 90-23; FAR Case 93-309; Item XXIII]
RIN 9000-AG12


Federal Acquisition Regulation; Advance Payment Reporting

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 an amendment to the 
Federal Acquisition Regulation (FAR) to remove an obsolete reporting 
requirement associated with advance payments under 10 U.S.C. 2307. This 
regulatory action was not subject to Office of Management and Budget 
review under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Olson at (202) 501-3221 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 90-23, FAR case 93-309 in correspondence.
SUPPLEMENTARY INFORMATION:

A. Background

    FAR 50.203(b)(4) currently requires advance notice to Congress and 
a subsequent 60-day waiting period prior to obligating the Government 
under Public Law 85-804 for an amount in excess of $25 million. The 
advance notice to Congress requirement currently is imposed on advance 
payments under 10 U.S.C. 2307, by reference in FAR 32.402(a) to the 
requirement in 50.203(b)(4). Section 1322(a)(4) of the 1991 Defense 
Authorization Act (Public Law 101-510) deleted 10 U.S.C. 2307(d), which 
had contained the notification and waiting period requirements for 
advance payments made under the authority of 10 U.S.C. 2307. FAR 
32.402(a) has been revised to delete the second sentence concerning the 
limitation on advance payments prescribed at 50.203(b)(4).

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 90-23, FAR case 93-309), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final rule 
does 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 32

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director,Office of Federal Acquisition Policy.

    Therefore, 48 CFR part 32 is amended as set forth below:

PART 32--CONTRACT FINANCING

    1. The authority citation for 48 CFR part 32 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).


32.402  [Amended]

    2. Section 32.402(a) is amended by removing the second sentence.

[FR Doc. 94-30646 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P