[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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