[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Pages 44804-44805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21487]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 9, 14, 19, 22, 33, and 52

[FAC 97-01; FAR Case 96-601; Item II]
RIN 9000-AH31


Federal Acquisition Regulation; FASA and the Walsh-Healey Public 
Contracts Act

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

ACTION: Interim rule adopted as final.

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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 90-43 on December 
20, 1996, to a final rule without change. The rule amends the Federal 
Acquisition Regulation (FAR) to eliminate the requirement that covered 
contractors under the Walsh-Healey Public Contracts Act must be either 
the manufacturer of or a regular dealer in the materials, supplies, 
articles, or equipment to be manufactured or used in the performance of 
the contract. 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.

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. For clarification of 
content, contact Mr. Jack O'Neill, Procurement Analyst, at (202) 501-
3856. Please cite FAC 97-01, FAR case 96-601.

SUPPLEMENTARY INFORMATION:

A. Background

    On December 20, 1996 (61 FR 67409), the DoD, GSA, and NASA 
published an interim FAR rule implementing the Federal Acquisition 
Streamlining Act of 1994 (Pub. L. 103-355) amendments to the Walsh-
Healey Public Contracts Act. The interim rule deleted the 
``manufacturer'' or ``regular dealer'' requirements and all related 
definitions from the FAR, consistent with a Department of Labor final 
rule issued on

[[Page 44805]]

August 5, 1996 (61 FR 40714). No comments were received in response to 
the interim FAR rule. Therefore, the interim FAR rule is being 
converted to a final rule without change.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
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 this rule merely amends 
the FAR to conform to revisions to Department of Labor (DoL) 
regulations reflecting repeal of the ``manufacturer'' and ``regular 
dealer'' requirements under the Walsh-Healey Public Contracts Act. DoL 
has determined that the revisions to its regulations will not have a 
significant economic impact on a substantial number of small entities.

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 Parts 1, 9, 14, 19, 22, 33, and 52

    Government procurement.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR Parts 1, 9, 14, 19, 
22, 33, and 52 which was published at 61 FR 67409, December 20, 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. 97-21487 Filed 8-21-97; 8:45 am]
BILLING CODE 6820-EP-P