[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67613-67615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21695]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 15, 28, 30, 42, and 44
[FAC 2021-02; FAR Case 2020-003; Item I; Docket No. FAR-2020-0003,
Sequence 1]
RIN 9000-AO06
Federal Acquisition Regulation: Removal of FAR Appendix
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to remove references to the FAR
appendix. The Cost Accounting Standards Board regulations remain
available in the Code of Federal Regulations. This final rule also
deletes the few additional references to the FAR ``looseleaf''.
DATES: Effective: November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Bryon Boyer, Procurement Analyst,
at 817-850-5580 or by email at [email protected] for clarification of
content. For information pertaining to status or publication schedules,
contact the Regulatory Secretariat Division at 202-501-4755. Please
cite FAC 2021-02, FAR Case 2020-003.
SUPPLEMENTARY INFORMATION:
I. Background
The FAR appendix was created in 1988 (July 20, 1988, FAC 84-38) as
``appendix A to part 30.'' It was relabeled ``appendix B'' in 1992
(August 31, 1992, FAR Case 92-18), and eventually as just ``the
appendix'' (July 25, 1997 technical amendment). The appendix does not
appear in the Code of Federal Regulations other than as references to
it. The appendix appears in the version of the FAR currently available
online at https://www.acquisition.gov/browse/index/far. The original
purpose of the appendix was to provide an easy way for readers to read
the Cost Accounting Standards (CAS) Board regulations at 48 CFR chapter
99, that are heavily referenced in FAR part 30. That is no longer
necessary. Users are able to access 48 CFR chapter 99 easily online at
the electronic Code of Federal Regulation (eCFR) website (https://www.ecfr.gov). The CAS Board regulations no longer appear in the
appendix in full text. Therefore, references throughout the FAR to the
CAS Board regulations being in the appendix are out of date. For all
the regulation locations where ``FAR appendix'' is deleted, the
citation to 48 CFR chapter 99 will be maintained to direct the
workforce to the supporting regulation. To further help the workforce,
Acquisition.gov is being updated to include hyperlinks for all ``48 CFR
chapter 99'' citations.
This final rule also deletes the few additional references to the
FAR ``looseleaf'', because the FAR loose-leaf version is now published
online at https://www.acquisition.gov. It is no longer published as a
paper loose-leaf version.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statutory provision in title 41 that applies to the publication of the
Federal Acquisition Regulation. Subsection 1707(a)(1) requires that a
procurement policy, regulation, procedure or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because the deletions of references to ``the appendix'' in the FAR
``loose-leaf'' are administrative and do not have a significant effect
on the public or Government. As explained in the background section,
users are directed to the eCFR to access the information that is at 48
CFR chapter 99, as it is no longer in ``the appendix.''
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-The-Shelf (COTS) Items
This rule amends the FAR to delete references to ``the appendix''
in the FAR ``loose-leaf.'' The amendments are administrative in nature
and do not change the applicability or the text of any FAR solicitation
provisions or contract clauses.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 67614]]
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This is not a
significant regulatory action and, therefore, was not subject to review
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not subject to E.O. 13771, Reducing Regulation and
Controlling Regulatory Costs, because this rule is not a significant
regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1701(a)(1) (see section II of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 1, 15, 28, 30, 42, and 44
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 15, 28, 30, 42,
and 44 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 15, 28, 30, 42, and 44
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
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2. Amend section 1.105-1 by revising paragraph (a) to read as follows:
1.105-1 Publication and code arrangement.
(a) The FAR is published in--
(1) The daily issue of the Federal Register;
(2) Cumulated form in the Code of Federal Regulations (CFR); and
(3) A separate edition available at https://www.acquisition.gov/browse/index/far.
* * * * *
1.201-1 [Amended]
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3. Amend section 1.201-1 in paragraph (e)(6) by removing ``and printing
for distribution''.
1.201-2 [Amended]
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4. Amend section 1.201-2 in paragraph (a) by removing ``print,
publish,'' and ``loose-leaf'' and adding ``publish'' and ``separate
online'' in their places, respectively.
1.402 [Amended]
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5. Amend section 1.402 by removing ``Chapter 99 (FAR Appendix)'' and
adding ``chapter 99'' in its place.
PART 15--CONTRACTING BY NEGOTIATION
15.404-1 [Amended]
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6. Amend section 15.404-1 in paragraph (c)(2)(iv) by removing ``Chapter
99 (Appendix to the FAR looseleaf edition)'' and adding ``chapter 99''
in its place.
PART 28--BONDS AND INSURANCE
28.301 [Amended]
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7. Amend section 28.301 in paragraph (a)(1) by removing ``48 CFR
9004.416 (appendix B, FAR loose-leaf edition)'' and adding ``48 CFR
9004.416'' in its place.
PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION
30.000 [Amended]
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8. Amend section 30.000 by removing ``(FAR appendix)'' twice.
30.101 [Amended]
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9. Amend section 30.101 by removing paragraphs (c) and (d).
30.201 [Amended]
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10. Amend section 30.201 by removing ``(FAR appendix)'' twice.
30.201-1 [Amended]
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11. Amend section 30.201-1 in paragraph (a) by removing ``(FAR
appendix)''.
30.201-2 [Amended]
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12. Amend section 30.201-2 by removing ``(FAR appendix)''.
30.201-3 [Amended]
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13. Amend section 30.201-3 by--
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a. Removing from paragraph (a) ``(FAR appendix)'';
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b. Removing from paragraph (b) ``(FAR appendix)'' twice; and
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c. Removing from paragraph (c) ``(FAR Appendix)''.
30.201-4 [Amended]
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14. Amend section 30.201-4 by--
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a. Removing from paragraph (a)(1) ``(FAR appendix)'' twice;
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b. Removing from paragraph (a)(2) ``(FAR appendix)'';
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c. Removing from paragraph (b)(1) ``(FAR Appendix)'';
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d. Removing from paragraph (b)(2) ``(FAR appendix)'';
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e. Removing from paragraph (e)(1) ``(FAR appendix)'' three times; and
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f. Removing from paragraph (e)(2) ``(FAR appendix)'' twice.
30.201-5 [Amended]
0
15. Amend section 30.201-5 in paragraph (d) by removing ``(FAR
Appendix)''.
30.201-6 [Amended]
0
16. Amend section 30.201-6 by removing ``(FAR appendix)''.
30.201-7 [Amended]
0
17. Amend section 30.201-7 by removing ``(FAR appendix)''.
30.202-1 [Amended]
0
18. Amend section 30.202-1 by removing ``(FAR appendix)''.
30.202-2 [Amended]
0
19. Amend section 30.202-2 by removing ``(FAR appendix)''.
30.202-3 [Amended]
0
20. Amend section 30.202-3 by removing ``(FAR appendix)''.
30.202-4 [Amended]
0
21. Amend section 30.202-4 by removing ``(FAR appendix)''.
30.202-5 [Amended]
0
22. Amend section 30.202-5 by removing ``(FAR appendix)''.
30.202-6 [Amended]
0
23. Amend section 30.202-6 in paragraph (a) by removing ``(FAR
appendix)''.
30.202-7 [Amended]
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24. Amend section 30.202-7 in paragraph (a) introductory text by
removing ``(FAR Appendix)''.
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30.202-8 [Amended]
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25. Amend section 30.202-8 in paragraph (b) by removing ``(FAR
appendix)''.
Subpart 30.3 [Amended]
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26. Amend subpart 30.3 by removing from the note ``(FAR appendix)''.
Subpart 30.4 [Amended]
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27. Amend subpart 30.4 by removing from the note ``(FAR appendix)''.
Subpart 30.5 [Amended]
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28. Amend subpart 30.5 by removing from the note ``(FAR appendix)''.
30.602 [Amended]
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29. Amend section 30.602 in paragraph (a) by removing ``(FAR
Appendix)''.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.302 [Amended]
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30. Amend section 42.302 in paragraph (a)(11) by removing ``Chapter 99
(FAR Appendix)'' and adding ``chapter 99'' in its place.
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
44.305-3 [Amended]
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31. Amend section 44.305-3 in paragraph (a)(2) by removing ``(Appendix
B, FAR loose-leaf edition''.
[FR Doc. 2020-21695 Filed 10-22-20; 8:45 am]
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