[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31658-31659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14538]



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DEPARTMENT OF DEFENSE
48 CFR Parts 33, 42, and 52

[FAC 90-39; FAR Cases 91-062 and 92-301; Item XXIII]
RIN 9000-AE96/9000-AF35


Federal Acquisition Regulation; Alternate Dispute Resolution and 
Federal Courts Administration Act

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rules adopted as final.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to adopt two interim rules 
as final: FAR Case 91-62, Alternative Dispute Resolution, published in 
the Federal Register (FR) at 56 FR 67416, December 30, 1991, and 92-
301, Federal Courts Administration Act, published at 59 FR 11380 on 
March 10, 1994. The rules amend the claim certification procedures and 
the Alternative Means of Dispute Resolution (ADR) procedures, and 
implement section 907(a) of the Federal Courts Administration Act of 
1992. These regulatory actions were not subject to Office of Management 
and Budget review under Executive Order 12866, dated September 30, 
1993, and are not major rules 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 cases 91-062 and 92-301.

SUPPLEMENTARY INFORMATION:

A. Background

    Upon passage of the Federal Courts Administration Act (Act) of 
1992, the Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council issued two interim rules implementing 
the changes made by the Act as well as changes to the Alternative 
Disputes Resolution procedures and claim certification procedures. Only 
three parties submitted comments in response to the interim rules. No 
issue was raised by the public comments that

[[Page 31659]]

necessitated changes to the interim rules. The interim rules are, 
therefore, being converted to final rules 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 the rule simplifies 
policies and procedures for the certification of claims submitted by 
contractors and is intended to reduce the need for costly litigation 
which arose under previous regulations. No comments were received on 
the impact of this rule on small entities during the public comment 
period.

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 33, 42, and 52

    Government procurement.

Interim Rules Adopted as Final

    Accordingly, the interim rule amending 48 CFR parts 33and 52, which 
was published at 56 FR 67416, December 30, 1991, is adopted as final, 
as amended by the interim rule amending 48 CFR parts 33, 42 and 52, 
published at 59 FR 11380, March 10, 1994, which is hereby adopted as 
final without change.
    The authority citation for 48 CFR parts 33, 42, 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).

    Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-14538 Filed 6-19-96; 8:45 am]
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