[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Proposed Rules]
[Pages 17124-17125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06887]
[[Page 17124]]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1817 and 1852
RIN 2700-AE28
Removal of Outdated and Duplicative Guidance (2016-N010)
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
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SUMMARY: National Aeronautics and Space Administration (NASA) is
proposing to amend the NASA FAR Supplement (NFS) to remove duplicative
language of the FAR and superseded NFS guidance. The revision is part
of NASA's retrospective plan under Executive Order (EO) 13563 completed
in August 2011.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before May 27, 2016 to be considered in
formulation of the final rule.
ADDRESSES: Submit comments identified by NFS Case 2016-N010, using any
of the following methods:
[cir] Regulations.gov: http://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``NFS Case 2016-N010''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``NFS Case
2016-N010.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``NFS Case 2016-N010'' on your attached document.
[cir] Email: [email protected]. Include NFS Case 2016-N010
in the subject line of the message.
[cir] Fax: (202) 358-3082.
[cir] Mail: National Aeronautics and Space Administration,
Headquarters, Office of Procurement, Contract and Grant Policy
Division, Attn: Mr. Manuel Quinones, Suite 5K32, 300 E. Street SW.,
Washington, DC 20546-0001.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, NASA, Office of
Procurement, Contract and Grant Policy Division, Suite 5K32, 300 E.
Street SW., Washington, DC 20456-0001.
Telephone (202) 358-2143; facsimile 202-358-3082; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
This rule proposes to 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 in FAR Part 1
regarding what comprises the Federal Acquisition Regulations System and
requires publication for public comment. NASA conducted a comprehensive
review of the NFS to validate the accuracy and relevancy of its policy,
guidance, and procedures. Additionally, to streamline and clarify its
regulation, NASA identified a number of NFS parts and sections to be
(1) deleted because of its duplication of the FAR or (2) relocated as
internal Agency operating procedures to a NASA maintained Web site
available on the internet at http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm. During a recent review of the NFS we discovered that
an extraneous provision and two inapplicable clauses had been
inadvertently retained in the regulation and for which their respective
prescriptions had been previously deleted during one of the NASA FAR
Supplement Rewrite final rules. Accordingly, this rule proposes to
remove from the CFR the duplicative provision and superseded clauses,
and relocate internal Agency-specific guidance and operating
procedures.
The NFS document found on the NASA Procurement Library Web site
will continue to contain both information requiring codification in the
CFR and internal Agency guidance and procedures in a single document.
II. Discussion
NASA's proposed changes to the CFR are as follows:
Remove section 1817.200, as this statement is redundant.
Remove section 1817.204, as this section pertains to
internal Agency guidance and operating procedures.
Remove section 1852.210-70, which is duplicative of FAR
requirements and for which no prescriptive language exists.
Remove sections 1852.212-70 and 1852.212-74, which are
superseded and for which no prescriptive language exists.
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 proposed 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 seq.,
because this rule proposes to remove from the CFR only information that
is either considered internal Agency administrative procedures or
extraneous provisions/clauses that were invalidated by previous final
rules. Therefore, an initial regulatory flexibility analysis has not
been performed. NASA invites comments from small business concerns and
other interested parties on the expected impact of this proposed rule
on small entities.
NASA will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (NFS case 2016-N010) in their
correspondence.
V. Paperwork Reduction Act
The rule does not contain any 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).
List of Subjects in 48 CFR Parts 1817 and 1852
Government procurement.
Manuel Quinones,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1817 and 1852 are amended as follows:
0
1. The authority citation for parts 1817 and 1852 continues to read as
follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
PART 1817--SPECIAL CONTRACTING METHODS
1817.200 and 1817.204 [Removed]
0
2. Remove sections 1817.200 and 1817.204.
[[Page 17125]]
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.210-70, 1852.212-70, and 1852.212-74 [Removed]
0
3. Remove sections 1852.210-70, 1852.212-70, and 1852.212-74.
[FR Doc. 2016-06887 Filed 3-25-16; 8:45 am]
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