[Federal Register: July 27, 2005 (Volume 70, Number 143)]
[Rules and Regulations]
[Page 43577-43578]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy05-23]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 2
[FAC 2005-05; FAR Case 2004-030; Item I]
RIN 9000-AK21
Federal Acquisition Regulation; Definition of Information
Technology
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to revise the
definition of ``information technology'' to reflect the changes to the
definition resulting from the enactment of Public Law 108-199,
Consolidated Appropriations Act, 2004. The new language at Section
535(b) of Division F of Public Law 108-199 permanently revises the term
``information technology,'' which is defined at 40 U.S.C. 11101(6), to
add ``analysis'' and ``evaluation'' and to clarify the term ``ancillary
equipment.''
DATES: Effective Date: July 27, 2005.
Comment Date: Interested parties should submit comments to the FAR
Secretariat at the address shown below on or before September 26, 2005
to be considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-05, FAR case 2004-
030, by any of the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far/ProposedRules/proposed.htm.
Click on the FAR case number to submit comments. E-mail: farcase.2004-030@gsa.gov. Include FAC 2005-05, FAR
case 2004-030, in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-05, FAR
case 2004-030, in all correspondence related to this case. All comments
received will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far/ProposedRules/proposed.htm
, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755,
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Cecelia L. Davis, Procurement
Analyst, at (202) 219-0202, or Mr. Bill Sain, Procurement Analyst, at
(703) 602-0293. Please cite FAC 2005-05, FAR case 2004-030.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements the changes to the FAR definition of
``information technology'' resulting from the enactment of Section
535(b), Division F, of Public Law 108-199, Consolidated Appropriations
Act, 2004. The public law was effective January 23, 2004. The rule
modifies the definition of ``information technology'' at FAR 2.101(b)
to include ``analysis'' and ``evaluation.'' The rule also modifies the
term ``information technology'' to include peripheral equipment
designed to be controlled by the central processing unit of a computer,
and clarifies the term ``ancillary equipment'' to include imaging
peripherals, input, output, and storage devices necessary for security
and surveillance.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under5 U.S.C. 804.
B. Regulatory Flexibility Act
The interim 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 the
interim rule revises the definition of information technology resulting
from the enactment of Public Law 108-199, Consolidated Appropriation
Act 2004. This is a minor technical change to the definition.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. However, the Councils will consider comments from small
entities concerning the affected FAR Part 2 in accordance with 5 U.S.C.
610. Interested parties must submit such comments separately and should
cite 5 U.S.C 601, et seq. (FAC 2005-05, FAR case 2004-030), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary to implement the changes resulting from the enactment of
Section 535(b), Division F, of Public Law 108-199, Consolidated
Appropriations Act, 2004, that were effective January 23, 2004.
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will
consider public comments received in response to this interim rule in
the formation of the final rule.
[[Page 43578]]
List of Subjects in 48 CFR Part 2
Government procurement.
Dated: July 20, 2005.
Julia B. Wise,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 2 as set forth below:
PART 2--DEFINITIONS OF WORDS AND TERMS
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1. The authority citation for 48 CFR part 2 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
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2. In section 2.101, amend paragraph (b), in the definition
``Information technology,'' by adding the words ``analysis,
evaluation,'' after the word ``storage,'' revising paragraph (2) of the
definition; and in paragraph (3)(ii), adding ``analysis, evaluation,''
after the word ``storage,''. The revised text reads as follows:
2.101 Definitions.
* * * * *
(b) * * *
Information technology * * *
(1) * * *
(2) The term ``information technology'' includes computers,
ancillary equipment (including imaging peripherals, input, output, and
storage devices necessary for security and surveillance), peripheral
equipment designed to be controlled by the central processing unit of a
computer, software, firmware and similar procedures, services
(including support services), and related resources.
* * * * *
[FR Doc. 05-14666 Filed 7-26-05; 8:45 am]
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