[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Rules and Regulations]
[Pages 59702-59703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22247]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 39

[FAC 2001-25; FAR Case 2004-020; Item IV]
RIN 9000-AK05


Federal Acquisition Regulations; Section 508 Micropurchase 
Exemption

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

ACTION: Interim rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on an interim 
rule amending the Federal Acquisition Regulation (FAR) to extend the 
micro-purchase exemption for purchasing electronic and information 
technology (EIT) that conforms to the requirements of Section 508 of 
the Rehabilitation Act of 1973 from October 1, 2004, to April 1, 2005. 
No further extensions will be granted. 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.

DATES: Effective Date: October 5, 2004.
    Comment Date: Interested parties should submit comments to the FAR 
Secretariat at the address shown below on or before December 6, 2004 to 
be considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2001-25, FAR case 2004-020 
by any of the following methods:

[[Page 59703]]

    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Agency Web Site: http://www.acqnet.gov/far/ProposedRules/proposed.htm. Click on the FAR case number to submit comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#2b4d4a59484a584e05191b1b1f061b191b6b4c584a054c445d"><span class="__cf_email__" data-cfemail="e385829180829086cdd1d3d3d7ced3d1d3a3849082cd848c95">[email protected]</span></a>. Include FAC 2001-25, FAR 
case 2004-020 in the subject line of the message.
    <bullet> Fax: 202-501-4067.
    <bullet> 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.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 39 as set forth below:

PART 39--ACQUISTION OF INFORMATION TECHNOLOGY

0
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]

0
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


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