Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 59703

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Agency Web Site: http://

www.acqnet.gov/far/ProposedRules/

proposed.htm. Click on the FAR case 

number to submit comments.

• E-mail: farcase.2004–020@gsa.gov.

Include FAC 2001–25, FAR case 2004–

020 in the subject line of the message.

• Fax: 202–501–4067.

• Mail: General Services 

Administration, Regulatory Secretariat 

(V), 1800 F Street, NW, Room 4035, 

ATTN: Laurie Duarte, Washington, DC 

20405.

Instructions: Please submit comments 

only and cite FAC 2001–25, FAR case 

2004–020, in all correspondence related 

to this case. All comments received will 

be posted without change to http://

www.acqnet.gov/far/ProposedRules/

proposed.htm, including any personal 

information provided.

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (202) 501–4755, for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Ms. Linda Nelson, 

Procurement Analyst, at (202) 501–

1900. Please cite FAC 2001–25, FAR 

case 2004–020.

SUPPLEMENTARY INFORMATION:

A. Background

Section 508 of the Rehabilitation Act 

of 1973 requires that the Electronic and 

Information Technology (EIT) 

developed, procured, maintained, or 

used by the Federal Government 

provide individuals with disabilities 

access to and use of information and 

data that is comparable to the access 

and use of information and data by 

individuals without disabilities. The 

law was implemented first through 

standards developed by the 

Architectural and Transportation 

Barriers Compliance Board, (‘‘Access 

Board’’) and then incorporated into the 

FAR.

Initially, the FAR exempted 

micropurchases from the 508 

requirements until January 1, 2003. (See 

FAR Case 1999–607, 66 FR 20894, April 

25, 2001.) The rule’s preamble gave 

notice that the Government would 

revisit the issue prior to the sunset date. 

This deadline was extended (FAR Case 

2002–012, 67 FR 80321, December 31, 

2002 and 68 FR 43872, July 24, 2003) 

and is due to expire October 1, 2004.

The FAR Council is extending the 

micropurchase exception from October 

1, 2004, to April 1, 2005, and no 

additional extensions will be granted. 

Agencies have had three years of 

experience with Section 508, and 

industry continues to make investments 

in accessible technology to support the 

requirements. The extension until April 

1, 2005, will provide agencies time to 

update their purchase card training 

modules on the 508 requirements and 

train their personnel. Free, online 

training developed by GSA, in 

collaboration with the Section 508 

Executive Steering Committee, is 

available at http://www.section508.gov.

The FAR Council received public 

comments on the first extension to 

October 1, 2004. None of the comments 

received took issue with extending the 

micropurchase exception. Extending the 

micropurchase exemption will not 

cause a significant impact on the 

disability community or industry.

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804.

B. Regulatory Flexibility Act

The interim rule is not expected to 

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 proposed rule continues the 

status quo for another six months. When 

the FAR Council last extended the 

exception through October 1, 2004, 

none of the comments received took 

issue with extending the micropurchase 

exception. Also, extending the 

micropurchase exception will not cause 

a significant impact on the disability 

community or industry.

Therefore, an Initial Regulatory 

Flexibility Analysis has not been 

performed. The Councils will consider 

comments from small entities 

concerning the affected FAR Part 39 in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C 601, 

et seq. (FAC 2001–25, FAR case 2004–

020), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does 

not apply because the changes to the 

FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq.

D. Determination to Issue an Interim 

Rule

A determination has been made under 

the authority of the Secretary of Defense 

(DoD), the Administrator of General 

Services (GSA), and the Administrator 

of the National Aeronautics and Space 

Administration (NASA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because the rule 

extends an exception that would 

otherwise impose training burdens that 

the acquisition community may be 

challenged to meet by October 1, 2004. 

The extension until April 1, 2005, will 

provide agencies time to update their 

purchase card training modules on the 

508 requirements and train their 

personnel. However, pursuant to Public 

Law 98–577 and FAR 1.501, the 

Councils will consider public comments 

received in response to this interim rule 

in the formation of the final rule.

List of Subjects in 48 CFR Part 39

Government procurement.

Dated: September 28, 2004.

Ralph J. De Stefano,

Acting Director, Contract Policy Division.

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 39 as set forth below:

PART 39—ACQUISTION OF 

INFORMATION TECHNOLOGY

■ 1. The authority citation for 48 CFR 

part 39 is revised to read as follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c).

39.204 [Amended]

■ 2. Amend section 39.204 in the first 

sentence of paragraph (a) by removing 

‘‘October 1, 2004’’ and adding ‘‘April 1, 

2005 ’’in its place.

[FR Doc. 04–22247 Filed 10–4–04; 8:45 am]

BILLING CODE 6820–EP–S

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

48 CFR Parts 14 and 52

[FAC 2001-25; Item V]

Federal Acquisition Regulation; 

Technical Amendments

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Final rule.

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR) in order to make 

editorial changes.

59704 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 

DATES: Effective Date: October 5, 2004.

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat, Room 4035, GS 

Building, Washington, DC, 20405, (202) 

501-4755, for information pertaining to 

status or publication schedules. Please 

cite FAC 2001-25, Technical 

Amendments.

List of Subjects in 48 CFR Parts 14 and 

52

Government procurement.

Dated: September 28, 2004.

Ralph J. De Stefano,

Acting Director, Acquisition Policy Division.

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 14 and 52 as set 

forth below:

■ 1. The authority citations for 48 CFR 

parts 14 and 52 are revised to read as 

follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c).

PART 14—SEALED BIDDING

■ 2. In section 14.403, revise paragraph 

(c) to read as follows:

14.403 Recording of Bids.

* * * * *

(c) The forms identified in paragraph 

(a) of this section need not be used by 

the Defense Energy Support Center for 

acquisitions of coal or petroleum 

products or by the Defense Supply 

Center Philadelphia for perishable 

subsistence items.

* * * * *

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES

52.212-5 [Amended]

■ 3. Amend section 52.212-5 in 

paragraph (b)(34)(ii) by removing ‘‘(Apr 

1984)’’ and adding ‘‘(Apr 2003)’’ in its 

place.

52.215-15 [Amended]

■ 4. Amend section 52.215-15 by 

revising the date of the clause to read 

‘‘(OCT 2004)’’.

52.217-5 [Amended]

■ 5. Amend section 52.217-5 in the 

introductory paragraph by removing 

‘‘17.208(c)(1)’’ and adding ‘‘17.208(c)’’ in 

its place.

52.219-4 [Amended]

■ 6. Amend section 52.219-4 by revising 

the date of the clause to read ‘‘(OCT 

2004)’’; and removing ‘‘will be will be’’

from paragraph (d)(3) of the clause and 

adding ‘‘will be’’ in its place.

[FR Doc. 04–22248 Filed 10–4–04; 8:45 am]

BILLING CODE 6820–EP–S

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Regulation; Small 

Entity Compliance Guide

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Small Entity Compliance Guide.

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator for the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide 

has been prepared in accordance with 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It consists of a summary of rules 

appearing in Federal Acquisition 

Circular (FAC) 2001–25 which amend 

the FAR. An asterisk (*) next to a rule 

indicates that a regulatory flexibility 

analysis has been prepared. Interested 

parties may obtain further information 

regarding these rules by referring to FAC 

2001–25 which precedes this document. 

These documents are also available via 

the Internet at http://www.acqnet.gov/

far.

FOR FURTHER INFORMATION CONTACT:

Laurie Duarte, FAR Secretariat, (202) 

501–4225. For clarification of content, 

contact the analyst whose name appears 

in the table below.

LIST OF RULES IN FAC 2001–25

Item Subject FAR case Analyst 

I ............ Elimination of the Standard Form 1417 .............................................................................................. 2002–017 Davis.

II ........... Free Trade Agreements—Chile and Singapore, and Trade Agreements Thresholds ....................... 2003–016 Davis.

III .......... Telecommuting for Federal Contractors (Interim) ............................................................................... 2003–025 Zaffos.

IV .......... Section 508 Micropurchase Exemption (Interim) ................................................................................ 2004–020 Nelson.

V ........... Technical Amendments.

Item I—Elimination of the Standard 

Form 1417 (FAR Case 2002–017)

This final rule eliminates the use of 

the Standard Form 1417, PreSolicitation Notice (Construction 

Contract), in contracts for construction, 

alteration or repair, dismantling, 

demolition, or removal of 

improvements. The use of this form has 

become unnecessary because 

contracting officers provide access to 

presolicitation notices through the 

Governmentwide point of entry (GPE) 

via the Internet at http://

www.fedbizopps.gov pursuant to FAR 

5.204. Elimination of the form increases 

reliance on electronic business practices 

and reduces the estimated information 

collection requirement burden hours 

imposed on offerors.

Item II—Free Trade Agreements—Chile 

and Singapore, and Trade Agreements 

Thresholds (FAR Case 2003–016)

The interim rule to implement new 

Free Trade Agreements with Chile and 

Singapore, published in the Federal 

Register at 69 FR 1050, January 7, 2004, 

is converted to a final rule with changes. 

The interim rule included in each Trade 

Agreements clause the statement that 

United States law will apply to resolve 

any claim of breach of contract. At the 

request of the Department of Justice, the 

final rule relocates this statement into a 

separate clause to be included in all 

contracts. All contracting officers must 

be aware of this new requirement.