Federal Acquisition Regulation: Clarification of Standards for Computer Generation of Forms, 44064-44065 [2012-17738]
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44064
ACTION:
Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Rules and Regulations
Final rule.
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
add the United States Defense
Advanced Research Projects Agency
(DARPA) to the list of agencies that have
entered into separate tax agreements
with the State of New Mexico (NM). The
DARPA–NM tax agreement eliminates
the double taxation of Government costreimbursement contracts when DARPA
contractors and their subcontractors
purchase tangible personal property to
be used in performing services in whole
or in part in the State of New Mexico,
and for which title to such property will
pass to the United States upon delivery
of the property to the contractor and its
subcontractors by the vendor.
DATES: Effective date: August 27, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
Analyst, at 202–501–3221 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–60, FAR Case 2012–019.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On August 18, 2011, DARPA and the
Taxation and Revenue Department of
the State of New Mexico entered into
the DARPA–NM tax agreement to
eliminate the double taxation of
Government cost-reimbursement
contracts when DARPA contractors and
their subcontractors purchase tangible
personal property to be used in
performing services in whole or in part
in the State of New Mexico and for
which title to such property will pass to
the United States upon delivery of the
property to the contractor and its
subcontractors by the vendor.
srobinson on DSK4SPTVN1PROD with RULES3
II. Discussion
The FAR is amended to add the
United States Defense Advanced
Research Projects Agency to the list of
participating agencies under FAR
29.401–4(c). DARPA joins the list of
other agencies with existing tax
agreements with the State of New
Mexico.
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,
environmental, public health and safety
effects, distributive impacts, and
VerDate Mar<15>2010
18:38 Jul 25, 2012
Jkt 226001
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. 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 Federal Acquisition Regulation.
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
operating 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 recognizes actions taken by
DARPA that do not have a significant
effect on contractors or offerors.
V. 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.
VI. Paperwork Reduction Act
The 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 Subjects in 48 CFR Part 29
Government procurement.
Dated: July 16, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 29 as follows:
PART 29—TAXES
1. The authority citation for 48 CFR
part 29 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.
PO 00000
Frm 00020
Fmt 4701
Sfmt 4700
29.401–4
[Amended]
2. Amend section 29.401–4 in
paragraph (c)(1) by adding to the listing,
in alphabetical order, ‘‘United States
Defense Advanced Research Projects
Agency;’’.
■
[FR Doc. 2012–17732 Filed 7–25–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 53
[FAC 2005–60; FAR Case 2011–022;
Item V; Docket 2011–0093, Sequence IV]
RIN 9000–AM15
Federal Acquisition Regulation:
Clarification of Standards for
Computer Generation of Forms
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
remove any reference to Federal
Information Processing Standard (FIPS)
161 and codify requirements for
standards already in use.
DATES: Effective Date: August 27, 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 2005–60, FAR
Case 2011–022.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
76 FR 79609 on December 22, 2011, to
implement the removal of FIPS 161.
FIPS 161 is being removed based on the
notice posted in the Federal Register at
73 FR 51276 on September 2, 2008, by
the Department of Commerce. This FIPS
requirement was withdrawn by the
Secretary of Commerce because it was
obsolete and had not been updated to
adopt current voluntary industry
standards, Federal specifications,
Federal data standards, or current good
practices for information security. The
withdrawal of this standard created a
E:\FR\FM\26JYR3.SGM
26JYR3
Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Rules and Regulations
gap in the FAR. This final rule closes
that gap by clarifying the use of
American National Standards Institute
(ANSI) X12 as the valid standard to use
for computer-generated forms. FAR
53.105 is being amended; it will
continue allowing agencies and the
public to generate standard and optional
forms on their computers.
V. Paperwork Reduction Act
DEPARTMENT OF DEFENSE
The 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).
GENERAL SERVICES
ADMINISTRATION
List of Subjects in 48 CFR Part 53
II. Discussion and Analysis
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,
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.
srobinson on DSK4SPTVN1PROD with RULES3
IV. Regulatory Flexibility Act
The Department of Defense, General
Services Administration, and 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 it is removing FIPS 161 which
is obsolete or has not been updated to
adopt current voluntary industry
standards, Federal specifications,
Federal data standards, or current good
practices for information security. This
is a technical change acknowledging the
removal by the Department of
Commerce of FIPS 161 and replacement
with the ANSI X12 set of standards.
ANSI X12 standards were already a part
of the FIPS 161 standard and have been
updated with current voluntary industry
standards already in use. Therefore,
there is no impact to the Government or
contractors in establishing ANSI X12 as
the new standard. Small businesses will
continue to be able to generate forms by
computer.
VerDate Mar<15>2010
18:38 Jul 25, 2012
Jkt 226001
Dated: July 16, 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 53 as follows:
PART 53—FORMS
1. The authority citation for 48 CFR
part 53 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.
2. Revise section 53.105 to read as
follows:
■
Computer generation.
(a) The forms prescribed by this part
may be computer generated—without
exception approval (see 53.103),
provided—
(1) There is no change to the name,
content, or sequence of the data
elements, and the form carries the
Standard or Optional Form number and
edition date (see 53.111); or
(2) The form is in an electronic format
covered by the American National
Standards Institute (ANSI) X12
Standards published by the Accredited
Standards Committee X12 on Electronic
Data Interchange or a format that can be
translated into one of those standards.
(b) The standards listed in paragraph
(a)(2) of this section may also be used
for submission of data set forth in other
parts for which specific forms have not
been prescribed.
[FR Doc. 2012–17738 Filed 7–25–12; 8:45 am]
BILLING CODE 6820–EP–P
PO 00000
48 CFR Parts 1, 16, 22, and 52
Federal Acquisition Regulation;
Technical Amendments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES: Effective Date: July 26, 2012.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat, 1275 First Street
NE., 7th Floor, Washington, DC 20417,
202–501–4755, for information
pertaining to status or publication
schedules. Please cite FAC 2005–60,
Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
1, 16, 22, and 52, this document makes
editorial changes to the FAR.
SUMMARY:
■
53.105
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[FAC 2005–60; Item VI; Docket 2012–0079;
Sequence 3]
Government procurement.
There were no public comments
received in response to the proposed
rule; therefore, this rule is published as
a final rule.
44065
List of Subjects in 48 CFR Parts 1, 16,
22, and 52
Government procurement.
Dated: July 16, 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 parts 1, 16, 22, and 52
as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 16, 22, and 52 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.
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1.105–2
[Amended]
2. Amend section 1.105–2 by revising
paragraphs (c)(3)(i) and (ii) to read as
follows:
■
1.105–2
*
Frm 00021
Fmt 4701
Sfmt 4700
Arrangement of regulations.
*
*
(c) * * *
(3) * * *
E:\FR\FM\26JYR3.SGM
26JYR3
*
*
]]>Agencies
[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Rules and Regulations]
[Pages 44064-44065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17738]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 53
[FAC 2005-60; FAR Case 2011-022; Item V; Docket 2011-0093, Sequence IV]
RIN 9000-AM15
Federal Acquisition Regulation: Clarification of Standards for
Computer Generation of Forms
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to remove any reference to Federal
Information Processing Standard (FIPS) 161 and codify requirements for
standards already in use.
DATES: Effective Date: August 27, 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 2005-60, FAR Case 2011-
022.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 76 FR 79609 on December 22, 2011, to implement the removal
of FIPS 161. FIPS 161 is being removed based on the notice posted in
the Federal Register at 73 FR 51276 on September 2, 2008, by the
Department of Commerce. This FIPS requirement was withdrawn by the
Secretary of Commerce because it was obsolete and had not been updated
to adopt current voluntary industry standards, Federal specifications,
Federal data standards, or current good practices for information
security. The withdrawal of this standard created a
[[Page 44065]]
gap in the FAR. This final rule closes that gap by clarifying the use
of American National Standards Institute (ANSI) X12 as the valid
standard to use for computer-generated forms. FAR 53.105 is being
amended; it will continue allowing agencies and the public to generate
standard and optional forms on their computers.
II. Discussion and Analysis
There were no public comments received in response to the proposed
rule; therefore, this rule is published as a final rule.
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, 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 Department of Defense, General Services Administration, and
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 it is removing FIPS 161
which is obsolete or has not been updated to adopt current voluntary
industry standards, Federal specifications, Federal data standards, or
current good practices for information security. This is a technical
change acknowledging the removal by the Department of Commerce of FIPS
161 and replacement with the ANSI X12 set of standards. ANSI X12
standards were already a part of the FIPS 161 standard and have been
updated with current voluntary industry standards already in use.
Therefore, there is no impact to the Government or contractors in
establishing ANSI X12 as the new standard. Small businesses will
continue to be able to generate forms by computer.
V. Paperwork Reduction Act
The 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 Subjects in 48 CFR Part 53
Government procurement.
Dated: July 16, 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 53 as follows:
PART 53--FORMS
0
1. The authority citation for 48 CFR part 53 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.
0
2. Revise section 53.105 to read as follows:
53.105 Computer generation.
(a) The forms prescribed by this part may be computer generated--
without exception approval (see 53.103), provided--
(1) There is no change to the name, content, or sequence of the
data elements, and the form carries the Standard or Optional Form
number and edition date (see 53.111); or
(2) The form is in an electronic format covered by the American
National Standards Institute (ANSI) X12 Standards published by the
Accredited Standards Committee X12 on Electronic Data Interchange or a
format that can be translated into one of those standards.
(b) The standards listed in paragraph (a)(2) of this section may
also be used for submission of data set forth in other parts for which
specific forms have not been prescribed.
[FR Doc. 2012-17738 Filed 7-25-12; 8:45 am]
BILLING CODE 6820-EP-P
