31800 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 31

[FAR Case 95–021]

RIN 9000–AH04

Federal Acquisition Regulation;

Foreign Selling Costs

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Proposed rule.

SUMMARY: The Department of Defense,

General Services Administration and

National Aeronautics and Space

Administration are considering

increasing the threshold for application

of the foreign selling costs allowability

ceiling from $2.5 million to $5.0

million. This regulatory action was not

subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993. This

is not a major rule under 5 U.S.C. 804.

DATES: Comments should be submitted

on or before August 19, 1996 to be

considered in the formulation of a final

rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (MVRS), 18th & F Streets,

NW, Room 4037, Washington, DC

20405.

Please cite FAR case 95–021 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: Mr.

Jeremy Olson at (202) 501–3221 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 FAR case 95–021.

SUPPLEMENTARY INFORMATION:

A. Background

The proposed FAR rule would revise

FAR 31.205–38(c)(2)(ii) by increasing

the threshold for applicability of the

foreign selling costs allowability ceiling

from $2.5 million to $5.0 million. The

proposed rule also would revise FAR

31.205–38(c)(2)(iii) by deleting obsolete

language. This action is being proposed

in an effort to reduce contractors’

administrative burden.

B. Regulatory Flexibility Act

This proposed 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 most contracts awarded to

small entities are awarded on a

competitive, fixed-price basis and the

cost principles do not apply. The cost

principles only apply to contracts for

which cost or pricing data has been

submitted. An Initial Regulatory

Flexibility Analysis has, therefore, not

been performed. Comments from small

entities concerning the affected FAR

subpart will be considered in

accordance with 5 U.S.C. 610 of the Act.

Such comments must be submitted

separately and should cite 5 U.S.C. 601,

et seq. (FAR case 95–021), in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed 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 31

Government procurement.

Dated: June 6, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, it is proposed that 48 CFR

Part 31 be amended as set forth below:

PART 31—CONTRACT COST

PRINCIPLES AND PROCEDURES

1. The authority citation for 48 CFR

Part 31 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).

31.205–38 [Amended]

2. Section 31.205–38(c)(2)(i) is

amended by removing the semicolon at

the end and inserting ’’, and’’ in its

place; in (c)(2)(ii) by removing

‘‘$2,500,000’’ and inserting

‘‘$5,000,000’’ in its place, by removing

the semicolon at the end and inserting

a period in its place; and by removing

paragraph (c)(2)(iii).

[FR Doc. 96–14840 Filed 6–19–96; 8:45 am]

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