[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Rules and Regulations]               
[Page 54011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 54011]]





48 CFR Part 23

[FAC 2005-27; FAR Case 2006-025; Item X; Docket 2007-0001; Sequence 18]
RIN 9000-AK76

Federal Acquisition Regulation; FAR Case 2006-025, Online 
Representations and Certifications Application Review

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 to adopt as 
final, without change, an interim rule amending the Federal Acquisition 
Regulation (FAR) to revise the prescription for use of clauses for the 
use of Environmental Protection Agency-designated products and toxic 
chemical release reporting.

DATES: Effective Date: September 17, 2008.

FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson Procurement Analyst, 
at (202) 501-3775 for clarification of content. For information 
pertaining to status or publication schedules, contact the FAR 
Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case 2006-


A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 72 FR 46359 on August 17, 2007, to amend FAR 23.406 and 
23.906 to revise the prescriptions for the use of 52.223-9 and 52.223-
14 to provide for their use under the same circumstances as the 
prescription for use of their associated provisions. These revisions 
ensure compliance with the requirements of 40 CFR part 247 and 42 
U.S.C. 11023. The comment period closed October 16, 2007. No public 
comments were received on the rule. The Councils have determined to 
adopt the interim rule as final, without change.
    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 revises 
language that the Office of Management and Budget (OMB) has already 
approved for obtaining representations and certifications under OMB 
Control Numbers 9000-0134 and 9000-0139 for compliance with Section 
6002 of the Resource Conservation and Recovery Act and the requirements 
of Executive Order 12969, Emergency Planning and Community Right-to-
Know Act of 1986. No comments were received with regard to an impact on 
small entities.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Numbers 
9000-0134 and 9000-0139.

List of Subjects in 48 CFR Part 23

    Government procurement.

    Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.

Interim Rule Adopted as Final Without Change

Accordingly, under the authority of 40 U.S.C. 121, the interim rule 
amending 48 CFR part 23 which was published in the Federal Register at 
72 FR 46359, August 17, 2007, is adopted as a final rule without 
[FR Doc. E8-21378 Filed 9-16-08; 8:45 am]