[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]]



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Removal of Outdated and Duplicative Guidance (2016-N010)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.


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language of the FAR and superseded NFS guidance.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.

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].


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 
    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 

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:

1. The authority citation for parts 1817 and 1852 continues to read as 

    Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.


1817.200 and 1817.204  [Removed]

2. Remove sections 1817.200 and 1817.204.

[[Page 17125]]


1852.210-70, 1852.212-70, and 1852.212-74  [Removed]

3. Remove sections 1852.210-70, 1852.212-70, and 1852.212-74.

[FR Doc. 2016-06887 Filed 3-25-16; 8:45 am]