[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Rules and Regulations]
[Page 20298-20299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-17]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 2
[FAC 2005-09; FAR Case 2004-030; Item II; Docket FAR-2006-0020]
RIN 9000-AK21
Federal Acquisition Regulation; FAR Case 2004-030, Definition of
Information Technology
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to convert to a
final rule without change, 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. 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, to add ``analysis and evaluation'' and to clarify the
term ``ancillary equipment.''
DATES: Effective Date: April 19, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Cecelia Davis, Procurement Analyst, at (202) 219-0202. Please cite
FAC 2005-09, FAR case 2004-030. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 70 FR 43577 on July 27, 2005. The interim rule revised 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, to add
``analysis and evaluation'' and to clarify the term ``ancillary
equipment.''
The Councils received one public comment in response to the interim
rule. The commenter indicated that the addition of the words
``analysis, evaluation'' was omitted from the changes to the definition
of information technology in FAR 2.101(b) in the Federal Register on
page 43578. Although not reprinted in full FAR text of the definition
of information technology, change instruction 2 of the Federal Register
notice added ``analysis, evaluation'' to the two appropriate portions
of the definition. The Code of Federal Regulations text was changed in
accordance with this instruction, and no further changes are required.
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 under 5 U.S.C. 804.
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 only revises
and clarifies the definition for information technology resulting from
the enactment of Public Law 108-199, Consolidated Appropriations Act,
2004. This is a minor technical change to the definition. We did not
receive any comments on this issue from small business concerns or
other interested parties.
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.
List of Subjects in 48 CFR Part 2
Government procurement.
Dated: April 12, 2006.
Gerald Zaffos,
Director, Contract Policy Division.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR part 2, which was
published in the Federal Register at 70
[[Page 20299]]
FR 43577, July 27, 2005, is adopted as a final rule without change.
[FR Doc. 06-3679 Filed 4-18-06; 8:45 am]
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