[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56740-56741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22577]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 6
[FAC 2005-61; FAR Case 2012-026; Item II; Docket 2012-0026, Sequence 1]
RIN 9000-AM35
Federal Acquisition Regulation; Delete Outdated FAR Reference to
the DoD Industrial Preparedness Program
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to delete references to the
obsolete ``DoD Industrial Preparedness Program''.
DATES: Effective Date: October 15, 2012
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Lague, Procurement
Analyst, at 202-694-8149, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-61, FAR Case 2012-
026.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are issuing a final rule to delete references to
the obsolete ``DoD Industrial Preparedness Program'' at FAR 6.302-
3(b)(iv).
In 1992, DoD rescinded the following regulations for the DoD's
Industrial Preparedness Program: DoD Directive 4005.1, Industrial
Preparedness Program; and DoD Instruction 4005.3, Industrial
Preparedness Planning. References to the program have already been
removed from the Defense Federal Acquisition Regulation Supplement
(DFARS) (71 FR 39004, July 11, 2006).
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the FAR. Paragraph (a)(1)
of the statute requires that a procurement policy, regulation,
procedure or form (including an amendment or modification thereof) must
be published for public comment if it relates to the expenditure of
appropriated funds, and has either a significant effect beyond the
internal operation procedures of the agency issuing the policy,
regulation, procedure or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment because it only deletes
references to an obsolete program; which has neither a significant
effect beyond the internal operation procedures of the agency issuing
the policy, regulation, procedure or form, nor has a significant cost
or administrative impact on contractors or offerors.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic,
[[Page 56741]]
environmental, public health and safety effects, distributive impacts,
and equity). E.O. 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This is not a significant regulatory action and,
therefore, was not subject to review under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision, and 41
U.S.C. 1707 does not require publication for public comment.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subject in 48 CFR Part 6
Government procurement.
Dated: September 7, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 6 as set forth
below:
PART 6--COMPETITION REQUIREMENTS
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1. The authority citation for 48 CFR part 6 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
6.302-3 [Amended]
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2. Amend section 6.302-3 by removing paragraph (b)(1)(iv); and
redesignating paragraphs (b)(1)(v) through (b)(1)(vii) as paragraphs
(b)(1)(iv) through (b)(1)(vi), respectively.
[FR Doc. 2012-22577 Filed 9-12-12; 8:45 am]
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