[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31661-31662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14542]



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DEPARTMENT OF DEFENSE
48 CFR Part 46

[FAC 90-39; FAR Case 92-031; Item XXVII]
RIN 9000-AG06


Federal Acquisition Regulation; Quality Assurance Actions--
Electronic Screening

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 include definitions of the 
terms ``latent defect'' and ``patent defect.'' 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: Ms. Linda Klein at (202) 501-3775 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 92-031.

SUPPLEMENTARY INFORMATION:

A. Background

    On June 8, 1992, the Department of Defense Inspector General issued 
Audit Report 92-099, Quality Assurance Actions Resulting from 
Electronic Component Screening, which included a recommendation that 
the Defense FAR Supplement be revised to include definitions of the 
terms ``latent defect'' and ``patent defect.'' Since both terms are 
used in the FAR, Part 46 of the FAR is being revised to include uniform 
definitions for use by all acquiring agencies. A proposed rule was 
published in the Federal Register at 59 FR 46386 on September 8, 1994. 
After evaluation of public comments, the Councils agreed to convert the 
proposed rule to a final rule without change.

[[Page 31662]]

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 revision merely 
provides uniform definitions for existing FAR terms. 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 46

    Government procurement.

    Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Part 46 is amended as set forth below:

PART 46--QUALITY ASSURANCE

    1. The authority citation for 48 CFR Part 46 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).

    2. Section 46.101 is amended by adding in alphabetical order the 
definitions ``Latent defect'' and ``Patent defect'' to read as follows:


46.101  Definitions.

* * * * *
    Latent defect means a defect which exists at the time of acceptance 
but cannot be discovered by a reasonable inspection.
* * * * *
    Patent defect means any defect which exists at the time of 
acceptance and is not a latent defect.
* * * * *
[FR Doc. 96-14542 Filed 6-19-96; 8:45 am]
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