[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Pages 44808-44809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21489]





48 CFR Parts 1 and 31

[FAC 97-01; FAR Case 96-010; Item IV]
RIN 9000-AH41

Federal Acquisition Regulation; Automatic Data Processing 
Equipment Leasing Costs

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

ACTION: Interim rule adopted as final.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to convert the interim rule 
published as Item I of Federal Acquisition Circular 90-44 on December 
31, 1996, to a final rule without change. The rule amends the Federal 
Acquisition Regulation (FAR) to remove the cost principle on automatic 
data processing equipment (ADPE) leasing costs. 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.

DATES: Effective October 21, 1997.

Building, Washington, DC 20405 (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Jeremy Olson, Procurement Analyst, at (202) 501-
3221. Please cite FAC 97-01, FAR case 96-010.


A. Background

    An interim rule was published on December 31, 1996 (61 FR 69287). 
The interim rule deleted the ADPE definition at FAR 31.001, the cost 
principle at FAR 31.205-2, Automatic data processing equipment leasing 
costs, and references to the term ADPE found elsewhere in FAR Part 31. 
The interim rule is converted to a final rule without change.
    Public comments were received from one source. The comments were 
considered in developing the final rule.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and

[[Page 44809]]

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 most contracts awarded 
to small entities use simplified acquisition procedures or are awarded 
on a competitive fixed-price basis and do not require application of 
the cost principle contained in this rule.

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. The interim rule 
deleted a reporting and recordkeeping requirement at FAR 31.205-2 under 
OMB Control Number 9000-0072.

List of Subjects in 48 CFR Parts 1 and 31

    Government procurement.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR Parts 1 and 31 which 
was published at 61 FR 69287, December 31, 1996, is adopted as a final 
rule without change.

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    Dated: August 7, 1997
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 97-21489 Filed 8-21-97; 8:45 am]