[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Page 73678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29981]

[[Page 73678]]



48 CFR Parts 1845 and 1852

RIN 2700-AE23

NASA Federal Acquisition Regulation Supplement: NASA 
Capitalization Threshold (NFS Case 2015-N004)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.


SUMMARY: NASA has adopted as final, without change, an interim rule 
amending the NASA Federal Acquisition Regulation Supplement (NFS) to 
increase the NASA capitalization threshold from $100,000 to $500,000.

DATES: Effective: November 25, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, telephone 202-358-


I. Background

    NASA published an interim rule in the Federal Register at 80 FR 
51957 on August 27, 2015, to amend the NASA Federal Acquisition 
Regulation Supplement (NFS) to increase the NASA capitalization 
threshold from $100,000 to $500,000.

II. Discussion and Analysis

    There were no public comments submitted in response to the interim 
rule. The interim rule has been converted to a final rule, without 

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

    NASA does not expect this final rule to 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 se. A final regulatory 
flexibility analysis has been performed and is summarized as follows:
    The increase in the NASA capitalization threshold is expected to 
benefit NASA contractors by reducing the administrative burden 
associated with financial reporting of NASA property in the custody of 
contractors. The legal basis for this rule is 51 U.S.C. 20113(a).
    The requirements under this rule will apply to any contract award 
(including contracts for supplies, services, construction, and major 
systems) that requires the use of Government property by contractors. 
According to NASA Property Records in FY 2014 there were 568 contracts 
that required reporting of Government property by NASA contractors. Of 
the 568 contracts, it is estimated that approximately 20% or 114 
contracts were small businesses.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. No alternatives were identified that would meet the 
objectives of the rule.

V. Paperwork Reduction Act

    The rule contains 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; however, these changes to the NFS 
do not impose additional information collection requirements to the 
paperwork burden previously approved under OMB Control Number 2700-
0017, entitled NASA Property In the Custody of Contractors and OMB 
Control No. 9000-0075, entitled Government Property.

List of Subjects in 48 CFR Parts 1845 and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

Accordingly, the interim rule amending 48 CFR parts 1845 and 1852, 
which was published at 80 FR 51957, is adopted as final without change.

[FR Doc. 2015-29981 Filed 11-24-15; 8:45 am]