[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20298-20299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3679]


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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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