[Federal Register Volume 62, Number 236 (Tuesday, December 9, 1997)]
[Rules and Regulations]
[Pages 64913-64914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31814]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1

[FAC 97-03; FAR Case 97-014; Item I]
RIN 9000-AH77


Federal Acquisition Regulation; Part 30 Deviations

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to remove the prohibition 
against authorizing deviations from certain sections pertinent to cost 
accounting standards administration. 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.

EFFECTIVE DATE: February 9, 1998.

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 Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAC 97-03, FAR case 97-014.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR 1.402, Policy, to remove the prohibition 
against authorizing deviations from FAR Part 30 (except for subsections 
30.201-3 and 30.201-4, or the Cost Accounting Standards Board (CASB) 
rules and regulations). This prohibition was added to the FAR when the 
CASB rules and regulations were added to FAR part 30. Since only the 
CASB has authority to waive CAS, the FAR part 30 deviation prohibition 
at FAR 1.402 was added to preclude the granting of a CAS waiver by 
other than the CASB. The prohibition was intended to apply to the CASB 
rules and regulations, not to the administration of CAS. Accordingly, 
the prohibition with respect to certain portions of FAR part 30 is no 
longer necessary since the CASB rules and

[[Page 64914]]

regulations have been removed from FAR part 30 and promulgated 
separately by the CASB in 48 CFR Chapter 99.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for 
public comments is not required. However, comments from small entities 
concerning the affected FAR subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments must be submitted separately and 
should cite 5 U.S.C. 601, et seq. (FAC 97-03, FAR case 97-014), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the change to 
the FAR does 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 Part 1

    Government procurement.

    Dated: December 1, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR part 1 is amended as set forth below:

PART 1--FEDERAL ACQUISITION REGULATION SYSTEM

    1. The authority citation for 48 CFR part 1 continues to read as 
follows:

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

    2. Section 1.402 is amended by revising the penultimate sentence to 
read as follows:


1.402  Policy.

    * * * Deviations are not authorized with respect to 30.201-3 and 
30.201-4, or the requirements of the Cost Accounting Standards Board 
(CASB) rules and regulations (48 CFR Chapter 99 (FAR Appendix)). * * *

[FR Doc. 97-31814 Filed 12-8-97; 8:45 am]
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