[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Proposed Rules]
[Pages 68375-68376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27234]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / 
Proposed Rules  

[[Page 68375]]



NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Parts 1260, 1273, and 1274

RIN 2700-AE06


Removal of Procedures for Closeout of Grants and Cooperative 
Agreements

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: NASA is proposing to remove from its regulation agency 
procedures for closeout of grants and cooperative agreements. 
Simultaneous with removal of the closeout procedures from the 
regulation, NASA will issue non-regulatory closeout procedures.

DATES: Interested parties should submit comments to NASA at the address 
identified below on or before January 13, 2014 to be considered in 
formulation of the final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
2700-AE06, via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Leigh Pomponio (Mail Stop 2P77), NASA 
Headquarters, Office of Procurement, Contract Management Division, 
Washington, DC 20546. Comments may also be submitted by email to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, NASA Headquarters, 
Office of Procurement, Contract Management Division (Room 2P77); 
Telephone: (202) 358-0592; Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Several decades ago, the Agency published the NASA Grant and 
Cooperative Handbook, codifying all agency policy, practices and 
procedures related to grants and cooperative agreements at 14 CFR parts 
1260, 1273, and 1274. NASA was not required to publish them, but did so 
as a matter of agency practices. In retrospect, NASA's Grant and 
Cooperative Agreement Handbook contains internal agency operating 
procedures that do not have a significant impact on the general public 
or grant and cooperative agreement recipients and are also not 
regulatory in nature. Because internal operating procedures are not 
regulatory and should not be in the regulation, NASA is beginning an 
effort to remove agency internal policy, practices, and procedures from 
the regulation that do not have an impact on the public. As each part 
is considered for removal from the regulation, NASA will publish it in 
the Federal Register for comment. The public's comments will be 
considered in the final rule This rule covers NASA's closeout 
procedures that provide internal guidance to NASA grant officers and 
project officers and will be the first in a series of internal 
operating procedures which NASA is deregulating.
    Consistent with regulatory guidance, including Executive Orders 
12866 and 13563, agencies should only issue regulations that are 
required by law, are necessary to interpret the law, or are made 
necessary by compelling public need. NASA's internal operating policy, 
practices, and procedures do not meet the standard for regulatory 
implementation. In accordance with Executive Order 13563 efforts to 
improve regulations and regulatory review, retrospective analysis of 
existing rules, agencies were also encouraged to perform retrospective 
analysis, reviewing existing regulation for outmoded, ineffective, 
insufficient, or excessively burdensome requirements, and to modify, 
streamline, expand, or repeal such regulation, as appropriate. 
Therefore, the Agency is hereby deleting, from the regulation at 14 CFR 
parts 1260, 1273, and 1274, internal closeout procedures that impose no 
burden and have no significant impact on grant and cooperative 
agreement recipients. The administrative policy, practices, and 
procedures by which NASA employees close out grants and cooperative 
agreements do not impact grant and cooperative agreement recipients and 
are not subject to the formal rulemaking process, and public comment is 
not required. Nonetheless, to promote transparency of process, 
simultaneous with the removal from the regulation, NASA will issue non-
regulatory grant and cooperative agreement closeout procedures which 
will be publically posted on NASA's Web site at: https://prod.nais.nasa.gov/pub/pub_library/grcover.htm.

II. 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.

III. Regulatory Flexibility Act

    NASA certifies that this proposed 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 this proposed rule does not impose any additional requirements 
on small entities and, more importantly, the proposed rule serves to 
deregulate internal agency operating procedures which will eliminate 
unnecessary regulation.

IV. Paperwork Reduction Act

    The Paper Reduction Act (Pub. L. 104-13) is not applicable because 
the removal of the closeout procedures does not require the submission 
of any information by recipients that requires the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 14 CFR Parts 1260, 1273, and 1274

    Colleges and universities, Business and industry, Grant programs, 
Grants administration, Cooperative agreements, State and local 
governments, Non-profit organizations, Commercial firms,

[[Page 68376]]

Recipients, Closeout procedures, Recipient reporting.

Ronald Poussard,
Acting Assistant Administrator for Procurement.

    Accordingly, 14 CFR parts 1260, 1273, and 1274 are proposed to be 
amended as follows:

PART 1260--GRANTS AND COOPERATIVE AGREEMENTS

0
1. The authority citation for 14 CFR part 1260 is revised to read as 
follows:

    Authority:  51 U.S.C. 20113(e), Pub. L. 97-258, 96 Stat. 1003 
(31 U.S.C. 6301, et seq.), and 2 CFR Part 215 (formerly OMB Circular 
No. A-110).


Sec.  1260.77  [Removed and Reserved]

0
2. Section 1260.77 is removed and reserved.

PART 1273--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

0
3. The authority citation for 14 CFR part 1273 is revised to read as 
follows:

    Authority:  51 U.S.C. 20113(e), Pub. L. 97-258, 96 Stat. 1003 
(31 U.S.C. 6301, et seq.), and OMB Circular A-102.


Sec. Sec.  1273.50 and 1273.51  [Removed and Reserved]

0
4. Sections 1273.50 and 1273.51 are removed and reserved.

PART 1274--COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS

0
5. The authority citation for 14 CFR part 1274 is revised to read as 
follows:

    Authority: 51 U.S.C. 20113(e), Pub. L. 97-258, 96 Stat. 1003 (31 
U.S.C. 6301, et seq.).


Sec. Sec.  1274.803 and 1274.804  [Removed and Reserved]

0
6. Sections 1274.803 and 1274.804 are removed and reserved.

[FR Doc. 2013-27234 Filed 11-13-13; 8:45 am]
BILLING CODE 7510-01-P