[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Page 67411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32002]


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DEPARTMENT OF DEFENSE
48 CFR Part 1

[FAC 90-43; FAR Case 96-004; Item II]
RIN 9000-AH32


Federal Acquisition Regulation; Individual and Class Deviations

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 eliminate the requirements 
for all agencies to submit copies of approved individual deviations to 
the FAR Secretariat, and for DOD and NASA to submit copies of approved 
class deviations to the FAR Secretariat. 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: February 18, 1997.

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 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-43, FAR case 96-004.

SUPPLEMENTARY INFORMATION:

A. Background

    DOD and NASA monitor approved deviations to the FAR and recommend 
revisions to the regulation as appropriate. Accordingly, collection of 
their deviations by the FAR Secretariat is no longer considered 
necessary. Furthermore, collection of individual deviations approved by 
all agencies is no longer considered necessary and is being deleted 
from the regulation.

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 part 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 90-43, FAR case 96-004), 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 1

    Government procurement.

    Dated: December 11, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, 48 CFR Part 1 is amended as set forth below:

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

    1. The authority citation for 48 CFR Part 1 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 1.403 is amended by revising the last sentence to read 
as follows:


1.403  Individual deviations.

    * * * The justification and agency approval shall be documented in 
the contract file.
    3. Section 1.404 is amended by revising the last sentence of the 
introductory text to read as follows:


1.404  Class deviations.

    * * * For civilian agencies other than NASA, a copy of each 
approved class deviation shall be furnished to the FAR Secretariat.
* * * * *
    4. Section 1.405 is amended by revising paragraphs (d) and (e) to 
read as follows:


1.405  Deviations pertaining to treaties and executive agreements.

* * * * *
    (d) For civilian agencies other than NASA, a copy of the text 
deviation authorized under paragraph (b) or (c) of this section shall 
be transmitted to the FAR Secretariat through a central agency control 
point.
    (e) For civilian agencies other than NASA, if a deviation required 
to comply with a treaty or an executive agreement is not authorized by 
paragraph (b) or (c) of this section, then the request for deviation 
shall be processed through the FAR Secretariat to the Civilian Agency 
Acquisition Council.

[FR Doc. 96-32002 Filed 12-19-96; 8:45 am]
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