[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Proposed Rules]
[Pages 54783-54785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19566]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1815, and 1852

RIN 2700-AE35


Remove NASA FAR Supplement Clause, Engineering Change Proposals 
(2016-N030)

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 NFS clause 
1852.243-70, Engineering Change Proposals (ECPs) basic clause with its 
Alternate I & II and associated information collection from the NFS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before October 17, 2016 to be considered 
in formulation of the final rule.

ADDRESSES: Submit comments identified by NFS Case 2016-N030, using any 
of the following methods:

[[Page 54784]]

    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``NFS Case 2016-N030'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NFS Case 
2016-N030.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NFS Case 2016-N030'' on your attached document.
    [cir] Email: andrew.orourke@nasa.gov. Include NFS Case 2016-N030 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: Andrew O'Rourke, LP-011, Suite 5L32, 300 E. Street SW., 
Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, NASA, Office of 
Procurement, Contract and Grant Policy Division, Suite 5L32, 300 E. 
Street SW., Washington, DC 20456-0001. Telephone (202) 358-4560; 
facsimile (202) 358-3082; email: andrew.orourke@nasa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    NASA FAR Supplement clause 1852.243-70, Engineering Change 
Proposals, requires NASA contractors and vendors to submit contract 
change proposal information. The Office of Management and Budget (OMB) 
has approved the collection of this information via OMB Control Number 
2700-054 that expires on September 30, 2017. In processing the request 
for renewal of this information collection under OMB Control Number 
2700-054 and as part of NASA's continuing retrospective review of 
existing regulations to reduce unnecessary, outdated and/or burdensome 
requirements, NASA Office of Procurement (OP) surveyed its procurement 
offices to ascertain whether or not NFS clause 1852.243-70, Engineering 
Change Proposals, was necessary. The results of the review indicated 
that NFS clause 1852.243-70 was no longer utilized in procurements. 
Instead, the FAR Changes clauses (FAR 52.243-1 through 52.243-5) were 
being utilized to process engineering change proposals in lieu of this 
NFS clause. Thus, NASA is proposing to delete NFS clause 1852.243-70, 
Engineering Change Proposals, with its Alternate I & II and the 
corresponding information collection under OMB Control Number 2700-054.

II. Discussion

    NASA is proposing the following revisions to eliminate unnecessary 
NFS requirements:
     Delete NFS segment 1843 and OMB Control Number 2700-054 
from 1801.106-1.
     Remove the prescription at NFS 1843.205-70(a).
     Delete NFS clause 1852.243-70, Engineering Change 
Proposals.

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 proposed 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 we are removing a NFS clause and its associated information 
collection requirements for contractors. By removing this clause, the 
information collection requirement on contractors will be eliminated, 
thus providing all entities, both large and small, with a positive 
benefit. However, an initial regulatory flexibility analysis has been 
performed and is summarized as follows:
    In preparing the request for renewal of this information collection 
under OMB Control Number 2700-054 and as part of NASA's continuing 
retrospective review of existing regulations to reduce unnecessary, 
outdated and/or burdensome requirements, NASA Office of Procurement its 
procurement offices to ascertain whether or not NFS clause 1852.243-70, 
Engineering Change Proposals, was necessary. The results of the review 
indicated that NFS clause 1852.243-70 was no longer utilized in 
procurements. Instead, the FAR changes clauses were being utilized to 
process engineering change proposals in lieu of this NFS clause. Thus, 
NASA is proposing to delete NFS clause 1852.243-70, Engineering Change 
Proposals, with its Alternate I & II and the corresponding information 
collection under OMB Control Number 2700-054. This proposed rule does 
not include any new reporting, recordkeeping, or other compliance 
requirements for small businesses. The proposed rule does not 
duplicate, overlap, or conflict with any other Federal rules. No 
alternative approaches were considered.
    NASA invites comments from small business concerns and other 
interested parties on the expected impact of this 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-N030) in 
correspondence.

C. Paperwork Reduction Act

    The rule contains information collection requirements that require 
the approval of the OMB under the Paperwork Reduction Act (44 U.S.C 
chapter 35); however, the proposed changes to the NFS would remove the 
information collection requirements previously approved under OMB 
Control Number 2700-0054, entitled NFS 1843 Contract Modifications for 
Engineering Change Proposals (ECP).

List of Subjects in 48 CFR Parts 1801, 1843, and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1801, 1843, and 1852 are proposed to be 
amended as follows:

0
1. The authority citation for parts 1801, 1843 and 1852 continues to 
read as follows:

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

PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Revise Section 1801.106 to read as follows:


1801.106  OMB approval under the Paperwork Reduction Act.

    The following OMB control numbers apply:

[[Page 54785]]



------------------------------------------------------------------------
                                                            OMB Control
                       NFS segment                              No.
------------------------------------------------------------------------
1823....................................................       2700-0089
1827....................................................       2700-0052
1852.223-70.............................................       2700-0160
NF 533..................................................       2700-0003
NF 1018.................................................       2700-0017
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PART 1843--CONTRACT MODIFICATIONS

0
3. Revise Section 1843.205-70 to read as follows:


1843.205-70  NASA contract clauses.

    The contracting officer may insert a clause substantially as stated 
at 1852.243-72, Equitable Adjustments, in solicitations and contracts 
for--
    (a) Dismantling, demolishing, or removing improvements; or
    (b) Construction, when the contract amount is expected to exceed 
the simplified acquisition threshold and a fixed-price contract is 
contemplated.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.243-70  [Removed and reserved]

0
4. Section 1852.243-70 is removed and reserved.


1852.243-72  [Amended]

0
5. Amend section 1852.243-72 by removing ``1843.205-70(b)'' and adding 
``1843.205-70'' in its place in the introductory text.

[FR Doc. 2016-19566 Filed 8-16-16; 8:45 am]
 BILLING CODE 7510-13-P