Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31659

necessitated changes to the interim

rules. The interim rules are, therefore,

being converted to final rules 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 the

rule simplifies policies and procedures

for the certification of claims submitted

by contractors and is intended to reduce

the need for costly litigation which

arose under previous regulations. 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 Part 33, 42,

and 52

Government procurement.

Interim Rules Adopted as Final

Accordingly, the interim rule

amending 48 CFR parts 33and 52, which

was published at 56 FR 67416,

December 30, 1991, is adopted as final,

as amended by the interim rule

amending 48 CFR parts 33, 42 and 52,

published at 59 FR 11380, March 10,

1994, which is hereby adopted as final

without change.

The authority citation for 48 CFR

parts 33, 42, 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).

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 96–14538 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 34 and 52

[FAC 90–39; FAR Case 93–304; Item XXIV]

RIN 9000–AG11

Federal Acquisition Regulation;

Defense Production Act Amendments

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to convert the interim rule

published in the Federal Register at 59

FR 67047, December 28, 1994, to a final

rule. This rule amends the Federal

Acquisition Regulation (FAR) to add

policy and procedures for testing and

qualification, and use of industrial

resources manufactured or developed

with assistance provided under Title III

of the Defense Production Act (DPA) of

1950. 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.

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 93–

304.

SUPPLEMENTARY INFORMATION:

A. Background

Title III of the DPA authorizes various

forms of Government assistance to

encourage expansion of production of

capacity and supply of industrial

resources essential to national defense.

The DPA Amendments of 1992 (Public

Law 102–558) provide for the testing,

qualification, and use of industrial

resources manufactured or developed

with assistance provided under Title III

of the DPA. This rule expresses

Government policy to pay for such

testing, and provides definitions,

procedures, and a contract clause to

implement the policy. An interim rule

was published in the Federal Register

on December 28, 1994 (59 FR 67047),

with a request for public comments. No

comments were received.

B. Regulatory Flexibility Act

The addition of FAR Subpart 34.1

may 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 small entities are sometimes

asked to perform the qualification

testing required under the rule. A Final

Regulatory Flexibility Analysis has been

prepared and is summarized as follows:

The change is required to implement

amendments to the DPA made by Public

Law 102–558. The DPA amendments

provide for testing, qualification, and

use of industrial resources

manufactured or developed with

assistance provided under Title III of the

DPA. This rule expresses Government

policy to pay for such testing, and

provides definitions, procedures, and a

contract clause to implement the policy.

This rule will apply to any small entity

that has Government contracts that

require qualification testing under the

Act. A reporting requirement is in the

rule that requires contractors who

perform this testing to provide the test

results to the Government. No public

comments were received in response to

the statement in the interim rule

regarding the Regulatory Flexibility Act.

There are no alternatives that will

accomplish the objectives of the rule.

C. Paperwork Reduction Act

The Paperwork Reduction Act is

deemed to apply because the final rule

contains information collection

requirements. Accordingly, a request for

approval of a new information

collection requirement concerning the

DPA Amendments was submitted to the

Office of Management and Budget under

44 U.S.C. 3501, et seq., and approved

under OMB Control No. 9000–0133

effective through September 30, 1997.

Public comments concerning this

request were invited through a Federal

Register notice at 59 FR 67047,

December 28, 1994, and no comments

were received.

List of Subjects in 48 CFR Parts 34 and

52

Government procurement.

Interim Rule Adopted as Final Without

Change

Accordingly, the interim rule

amending CFR Parts 34 and 52, which

was published at 59 FR 67047,

December 28, 1994 (FAC 90–23, Item

XXIV), is adopted as a final rule without

change.

The authority citation for 48 CFR

Parts 34 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).
31660 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.

[FR Doc. 96–14539 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 37

[FAC 90–39; FAR Case 91–106; Item XXV]

RIN 9000–AF31

Federal Acquisition Regulation; Child

Care Services

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to convert the interim rule

published in the Federal Register at 59

FR 67050, December 28, 1994, to a final

rule. The rule amends the Federal

Acquisition Regulation (FAR) to add a

definition of ‘‘child care services’’ and

to require contracting officers to ensure

that contracts for child care services

include requirements for criminal

history background checks of employees

in accordance with 42 U.S.C. 13041.

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: Ms.

Linda Klein at (202) 501–3775 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 91–

106.

SUPPLEMENTARY INFORMATION:

A. Background

This rule implements Subtitle E,

section 231 of the Crime Control Act of

1990 (Pub. L. 101–647), codified at 42

U.S.C. 13041, as amended by section

1094 of the Fiscal Year 1992 Defense

Authorization Act (Public Law 102–

190). The effective date for compliance

with Public Law 101–647 was May 29,

1991. Public Law 102–190 was effective

upon enactment on December 5, 1991.

In part, section 231 of Public Law

101–647 requires that child care

employees, hired to provide child care

services at a facility operated by the

Government or under contract with the

Government, undergo a criminal history

background check. The statute broadly

defines ‘‘child care services’’ as child

protective services (including the

investigation of child abuse and neglect

reports), social services, health and

mental health care, child day care,

education (whether or not directly

involved in teaching), foster care,

residential care, recreational or

rehabilitative programs, and detention,

correctional, or treatment services.

Subsequently, section 1094 of Public

Law 102–190 amended 42 U.S.C. 13041

to provide for the provisional

supervised employment of child care

employees prior to the completion of

the required criminal history

background check and specified

additional safety measures for Federal

child care service facilities.

B. Regulatory Flexibility Act

Under the interim rule, because

Subtitle E, Section 231 of the Crime

Control Act of 1990, Public Law 101–

647 (42 U.S.C. 13041), requires child

care employees hired under contract to

undergo a criminal history background

check, an Initial Regulatory Flexibility

Act Analysis was prepared. No

comments were received.

The Regulatory Flexibility Act, 5

U.S.C. 601, et seq., applies to this final

rule and a Final Regulatory Flexibility

Analysis (FRFA) has been prepared and

will be provided to the Chief Counsel

for Advocacy for the Small Business

Administration. A copy of the FRFA

may be obtained from the FAR

Secretariat.

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 Part 37

Government procurement.

Interim Rule Adopted as Final Without

Change

Accordingly, the interim rule

amending 48 CFR Part 37, which was

published at 59 FR 67050, December 28,

1994 (FAC 90–23, Item XXVII) is

adopted as a final rule without change.

The authority citation for 48 CFR Part

37 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).

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 96–14540 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 42 and 52

[FAC 90–39; FAR Case 95–009; Item XXVI]

RIN 9000–AG57

Federal Acquisition Regulation; QuickCloseout Procedures

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

ensure maximum use of the quickcloseout procedures. 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: Ms.

Linda Klein at (202) 501–3775 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–

009.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR 42.708,

Quick-closeout procedure, the clause at

FAR 52.216–7, Allowable Cost and

Payment, and the clause at FAR 52.216–

13, Allowable Cost and Payment—

Facilities, to ease the restrictions and

maximize the use of the quick-closeout

procedure. This rule was based on the

recommendations of the Interagency

Process Action Team (PAT) sponsored

by the Air Force Materiel Command.

The PAT’s rationale was that, by raising

the dollar limitation of quick-closeout

procedures to those contracts with total

unsettled indirect costs not exceeding

$1 million in lieu of $500,000, the

number of contracts which could be

closed using quick-closeout procedures

would increase. Use of this procedure

would benefit contractors by allowing

them to invoice earlier and avoid the

administrative costs which would

otherwise be incurred for tracking these