31616 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Federal Acquisition Circular Number

90–39

Federal Acquisition Circular (FAC)

90–39 is issued under the authority of

the Secretary of Defense, the

Administrator of General Services, and

the Administrator for the National

Aeronautics and Space Administration.

Unless otherwise specified, all

Federal Acquisition Regulation (FAR)

and other directive material contained

in FAC 90–39 is effective August 19,

1996, except for Item XV which was

effective September 30, 1995, and Items

I, IV, VI, VIII, X, XII through XIV, XVII,

XXII through XXV, and XXXI, which are

effective June 20, 1996.

Dated: May 16, 1996.

Eleanor R. Spector,

Director, Defense Procurement.

Dated: May 16, 1996.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy, General Services

Administration.

Dated: May 6, 1996.

L.W. Bailets,

Acting Associate Administrator for

Procurement National Aeronautics and Space

Administration.

[FR Doc. 96–14515 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 4 and 52

[FAC 90–39; FAR Case 92–050; Item I]

RIN 9000–AG41

Federal Acquisition Regulation;

Double-Sided Copying

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final

with changes.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to a final rule which amends the

Federal Acquisition Regulation (FAR) to

encourage contractors to maximize the

use of double-sided copying on recycled

paper when submitting written

documents related to an acquisition.

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: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Ralph De Stefano at (202) 501–1758 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 92–

050.

SUPPLEMENTARY INFORMATION:

A. Background

These revisions are based on a portion

of Executive Order 12873, Federal

Acquisition, Recycling, and Waste

Prevention, dated October 20, 1993 (58

FR 54911), which encourages the use of

double-sided copying on recycled paper

for documents printed within the

Government and under Government

contracts.

An interim rule was published in the

Federal Register at 60 FR 28493, May

31, 1995, as Item I, FAC 90–27. This

interim rule amended FAR Part 4 to add

a new subpart 4.3—Paper Documents,

and amended FAR Part 52 to add a

clause at 52.204–4, Printing/Copying

Double-Sided on Recycled Paper. An

additional amendment to section 4.304

was published at 60 FR 34744 on July

3, 1995, to eliminate the requirement for

use of the clause at 52.204–4 in

solicitations and contracts valued at or

below the simplified acquisition

threshold. Further amendments have

been made in the final rule to

implement Executive Order 12995 of

March 25, 1996 (61 FR 13645, March 28,

1996), which amended Executive Order

12873 to revise the minimum content

standards for printing and writing

paper.

Seven comments from six sources

were received in response to the interim

rule. All comments were considered in

developing the final rule.

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 under the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq., because the rule contains no

mandatory requirements for offerors or

contractors. The rule encourages, but

does not require, the use of doublesided copying on recycled paper when

submitting written documents to the

Government. No comments were

received on the impact of this rule on

small entities during the public

comment period.

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 4 and

52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With

Changes

Accordingly, the interim rule

amending CFR Parts 4 and 52, which

was published at 60 FR 28493, May 31,

1995 (FAC 90–27, Item I), and amended

at 60 FR 34744, July 3, 1995, is adopted

as a final rule with amendments at

sections 4.301 and 52.204–4.

1. The authority citation for 48 CFR

Parts 4 and 52 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).

PART 4—ADMINISTRATIVE MATTERS

4.301 [Amended]

2. Section 4.301 is amended by

removing the period at the end of the

sentence and inserting in its place ‘‘, as

amended by Executive Order 12995,

March 25, 1996.’’

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

3. Section 52.204–4 is amended by

revising the date of the clause to read

‘‘(JUN 1996)’’; in paragraph (a) of the

clause by inserting after ‘‘October 20,

1993,’’ the phrase ‘‘as amended by

Executive Order 12995, dated March 25,

1996,’’; revising ‘‘20%’’ to read ‘‘20

percent’’; and by revising paragraph (b)

to read as follows:

52.204–4 Printing/Copying Double-Sided

on Recycled Paper.

* * * * *

PRINTING/COPYING DOUBLE-SIDED

RECYCLED PAPER (JUN 1996)

* * * * *

(b) The 20 percent standard applies to

high-speed copier paper, offset paper, forms
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31617

bond, computer printout paper, carbonless

paper, file folders, white woven envelopes,

and other uncoated printed and writing

paper, such as writing and office paper, book

paper, cotton fiber paper, and cover stock. An

alternative to meeting the 20 percent

postconsumer material standard is 50 percent

recovered material content of certain

industrial by-products.

(End of clause)

[FR Doc. 96–14516 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 4, 27, and 52

[FAC 90–39; FAR Case 95–004; Item II]

RIN 9000–AG95

Federal Acquisition Regulation;

National Industrial Security Program

Operating Manual (NISPOM)

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule to amend the

Federal Acquisition Regulation (FAR) to

reflect the applicability of the National

Industrial Security Program Operating

Manual (NISPOM). The NISPOM

updates and replaces the DOD Industrial

Security Manual for Safeguarding

Classified Information (DOD 5220.22–

M). 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: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Jack O’Neill at (202) 501–3856 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 95–

004.

SUPPLEMENTARY INFORMATION:

A. Background

The National Industrial Security

Program was established by Executive

Order 12829, ‘‘National Industrial

Security Program’’ (58 FR 3479). Section

201 of the Executive order directs the

Secretary of Defense, in consultation

with all affected agencies and with the

concurrence of the Secretary of Energy,

the Chairman of the Nuclear Regulatory

Commission, and the Director of Central

Intelligence, to issue and maintain a

National Industrial Security Program

Operating Manual.

B. Regulatory Flexibility Act

This final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comment is not required. Therefore, the

Regulatory Flexibility Act does not

apply. However, comments from small

entities concerning the affected FAR

subparts will be considered in

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

comments must be submitted separately

and cite 5 U.S.C. 601, et seq. (FAC 90–

39, FAR case 95–004), in

correspondence.

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 4, 27,

and 52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 4, 27, and 52

are amended as set forth below:

1. The authority citation for 48 CFR

Parts 4, 27, and 52 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).

PART 4—ADMINISTRATIVE MATTERS

2. Section 4.402 is amended by

revising paragraphs (a) and (b); and in

paragraph (c) by removing ‘‘Section VIII

of the ISR’’ and inserting in its place

‘‘Chapter 10 of the NISPOM’’. The

revised text reads as follows:

4.402 General.

(a) Executive Order 12829, January 6,

1993 (58 FR 3479, January 8, 1993),

entitled ‘‘National Industrial Security

Program’’ (NISP), establishes a program

to safeguard Federal Government

classified information that is released to

contractors, licensees, and grantees of

the United States Government.

Executive Order 12829 amends

Executive Order 10865, February 20,

1960 (25 FR 1583, February 25, 1960),

entitled ‘‘Safeguarding Classified

Information Within Industry,’’ as

amended by Executive Order 10909,

January 17, 1961 (26 FR 508, January 20,

1961).

(b) The National Industrial Security

Program Operating Manual (NISPOM)

incorporates the requirements of these

Executive Orders. The Secretary of

Defense, in consultation with all

affected agencies and with the

concurrence of the Secretary of Energy,

the Chairman of the Nuclear Regulatory

Commission, and the Director of Central

Intelligence, is responsible for issuance

and maintenance of this Manual. The

following DOD publications implement

the program:

(1) National Industrial Security

Program Operating Manual (NISPOM)

(DOD 5220.22–M).

(2) Industrial Security Regulation

(ISR) (DOD 5220.22–R).

* * * * *

4.403 and 4.404 [Amended]

3. Section 4.403 is amended in

paragraphs (a)(1)(i), (b)(1), (c)(1), and

(c)(2), by revising ‘‘DISP’’ to read

‘‘NISP’’; and section 4.403(c)(1) is

amended in the last sentence by

removing ‘‘Section VII of’’.

3a. Section 4.404(d) is amended by

revising ‘‘DISP’’ to read ‘‘NISP’’.

PART 27—PATENTS, DATA, AND

COPYRIGHTS

27.207–1 [Amended]

4. Section 27.207–1 is amended in the

second sentence of paragraph (b) by

removing ‘‘Department of Defense

Industrial Security Manual for

Safeguarding Classified Security

Information’’ and inserting in its place

‘‘National Industrial Security Program

Operating Manual’’.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.204–2 [Amended]

5. Section 52.204–2 is amended by

revising the introductory paragraph to

read as set forth below; by revising the

date of the clause to read ‘‘(AUG 1996)’’;

and in paragraph (b)(1) of the clause by

removing ‘‘Department of Defense

Industrial Security Manual for

Safeguarding Classified Information’’

and inserting in its place ‘‘National

Industrial Security Program Operating

Manual’’. The revised text reads as

follows:

52.204–2 Security requirements.

As prescribed in 4.404(a), insert the

following clauses:

* * * * *

[FR Doc. 96–14517 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P