[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Proposed Rules]
[Pages 29256-29257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11457]



48 CFR Parts 1852, 1853 and 1872

RIN 2700-AC88

Re-Issuance of NASA FAR Supplement Subchapters H and I

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.


SUMMARY: This proposed rule would amend the NASA FAR Supplement (NFS) 
by removing from the Code of Federal Regulations (CFR) those portions 
of the NFS containing information that consists of internal Agency 
administrative procedures and guidance that does not control the 
relationship between NASA and contractors or prospective contractors. 
This change is consistent with the guidance and policy regarding what 
comprises the Federal Acquisition Regulations System and requires 
publication for public comment. The NFS document will continue to 
contain both information requiring codification in the CFR and internal 
Agency guidance in a single document that is available on the Internet. 
This change will reduce the administrative burden and time associated 
with maintaining the NFS by only publishing in the Federal Register for 
codification in the CFR material that is subject to public comment.

DATES: Comments should be submitted on or before July 20, 2004, to be 
considered in formulation of the final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AC88, via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Celeste Dalton, NASA, Office of 
Procurement, Contract Management Division (Code HK), Washington, DC 
20546. Comments can also be submitted by e-mail to: 
[email protected].

Procurement, Contract Management Division (Code HK); (202) 358-1645; e-
mail: [email protected].


A. Background

    Currently the NASA FAR Supplement (NFS) contains information to 
implement or supplement the FAR. This information contains NASA's 
policies, procedures, contract clauses, solicitation provisions, and 
forms that govern the contracting process or otherwise control the 
relationship between NASA and contractors or prospective contractors. 
The NFS also contains information that consists of internal Agency 
administrative procedures and guidance that does not control the 
relationship between NASA and contractors or prospective contractors. 
Regardless of the nature of the information, as a policy, NASA has 
submitted to the Office of Information and Regulatory Affairs (OIRA) 
within the Office of Management and Budget (OMB) and published in the 
Federal Register all changes to the NFS. FAR 1.101 states in part that 
the ``Federal Acquisition Regulations System consists of the Federal 
Acquisition Regulation (FAR), which is the primary document, and agency 
acquisition regulations that implement or supplement the FAR. The FAR 
System does not include internal agency guidance of the type described 
in 1.301(a)(2).'' FAR 1.301(a)(2) states in part ``an agency head may 
issue or authorize the issuance of internal agency guidance at any 
organizational level (e.g., designations and delegations of authority, 
assignments of responsibilities, work-flow procedures, and internal 
reporting requirements).'' Further, FAR 1.303 states that issuance 
under FAR 1.301(a)(2) need not be published in the Federal Register. 
Based on the foregoing, NASA is not required to publish and codify 
internal Agency guidance.
    This proposed rule will modify the existing practice by only 
publishing those regulations which may have a significant effect beyond 
the internal operating procedures of the Agency or have a significant 
cost or administrative impact on contractor or offerors.
    The NFS will continue to integrate into a single document both 
regulations subject to puplic comments and internal Agency guidance and 
procedures that do not require public comment. Those portions of the 
NFS that require public comment will continue to be amended by 
publishing changes in the Federal Register. NFS regulations that 
require public comment are issued as Chapter 18 of Title 48, CFR. 
Changes to portions of the regulations contained in the CFR, along with 
changes to internal guidance and procedures, will be incorporated into 
the NASA-maintained Internet version of the NFS through Procurement 
Notices (PNs). The single official NASA-maintained version of the NFS 
will remain available on the Internet. NASA personnel must comply with 
all regulatory and internal guidance and procedures contained in the 
    This change will result in savings in terms of the number of rules 
subject to publication in the Federal Register and provide greater 
responsiveness to internal administrative changes.

B. Regulatory Flexibility Act

    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities with the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601. et seq., because this 
rule would only remove from the CFR information that is considered 
internal Agency administrative procedures and guidance. The information 
removed from the CFR will continue to be made available to the public 
via the Internet.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes do 
not impose recordkeeping or information collection requirements which 
require the approval of the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR 1852, 1853, and 1872

    Government procurement.

Tom Luedtke,
Assistant Administrator for Procurement.

    Accordingly, 48 CFR Parts 1852, 1853, and 1872 are proposed to be 
amended as follows:
    1. The authority citation for 48 CFR Parts 1852, 1853, and 1872 
continues to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).


    Amend part 1852 by--
    (a) Removing subpart 1852.1; and
    (b) In the introductory text of section 1852.223-74, removing 
``1823.570-3;'' and adding ``1823.570-2'' in its place.


    3. Remove and reserve Part 1853.

[[Page 29257]]


    4. Remove and reserve Part 1872.

[FR Doc. 04-11457 Filed 5-20-04; 8:45 am]