[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Rules and Regulations]               
[Page 17769-17770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Part 29

[FAC 2001-22; FAR Case 2003-020; Item V]
RIN 9000-AJ89

Federal Acquisition Regulation; New Mexico Tax--United States 
Missile Defense Agency

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to incorporate the 
Missile Defense Agency (MDA), as a participating agency within the 
terms and conditions stipulated in the FAR.

DATES: Effective Date: April 5, 2004.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Edward Loeb, Policy Advisor, at 
(202) 501-0650. Please cite FAC 2001-22, FAR case 2003-020.


A. Background

    This final rule amends FAR 29.401-4(c), to include the Missile 
Defense Agency in the list of agencies that have entered into an 
agreement with the State of New Mexico to eliminate the double taxation 
of Government cost-reimbursement contracts when contractors and their 
subcontractors purchase tangible personal property to be used in the 
performance of services in the State of New Mexico and for which title 
to such property will subsequently pass to the United States upon 
delivery of the property to the contractor and its subcontractor by the 
    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 Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Part 29 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 2001-22, FAR case 
2003-020), 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.

List of Subjects in 48 CFR Part 29

    Government procurement.

    Dated: March 26, 2004.
Laura Auletta,
Director, Acquisition Policy Division.

Therefore, DoD, GSA, and NASA amend 48 CFR part 29 as set forth below:


1. The authority citation for 48 CFR part 29 is revised to read as 

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

[[Page 17770]]

29.401-4  [Amended]

2. Amend section 29.401-4 in the list following paragraph (c)(1) by--
a. Removing ``United States Defense Special Weapons Agency'' and adding 
``United States Defense Threat Reduction Agency'' in its place;
b. Removing ``and'' after ``United States General Services 
Administration;''; and
c. Adding, in alphabetical order, ``United States Missile Defense 
Agency; and''.

[FR Doc. 04-7409 Filed 4-2-04; 8:45 am]