[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Rules and Regulations]
[Pages 75344-75345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26174]



48 CFR Parts 1801, 1843 and 1852

RIN 2700-AE35

NASA Federal Acquisition Regulation Supplement: Remove NASA FAR 
Supplement Clause Engineering Change Proposals (2016-N030)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.


SUMMARY: NASA is issuing a final rule amending the NASA Federal 
Acquisition Regulation Supplement (NFS) to remove the Engineering 
Change Proposals (ECPs) basic clause with its Alternate I & II and 
associated information collection from the NFS.

DATES: Effective: November 30, 2016.

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


I. Background

    NASA published a proposed rule in the Federal Register at 81 FR 
54783 on August 17, 2016, to amend the NFS to remove contract clause 
1852.243-70, Engineering Change Proposals (ECPs)

[[Page 75345]]

with its Alternate I & II and associated information collection from 
the NFS. Six comments were received in response to the proposed rule.

II. Discussion and Analysis

    NASA reviewed the public comments received in the development of 
the final rule. The six comments received were advertisements for 
personal services from the same respondent and completely unrelated to 
the purpose of this rule. Therefore, no change was made to the final 
rule as a result of the public comments received.

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

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    The National Aeronautics and Space Administration (NASA) is issuing 
a final rule 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 because the NFS clause is no longer used in procurements and is 
duplicative to FAR requirements. NASA conducted a retrospective review 
of its regulations and determined NFS clause 1852.243-70 should be 
removed along with the corresponding information collection requirement 
OMB Control No. 2700--054.
    No changes were made to the final rule as a result of public 
comments received. Comments received in response to the proposed rule 
were advertisements for personal services and deemed out of scope.
    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 seq., because we are 
removing a NFS clause and its associated information collection 
requirements for contractors. By removing this clause, the information 
collection burden on contractors will be reduced, thus providing all 
entities, both large and small, with a positive benefit.
    This rule does not include any new reporting, recordkeeping, or 
other compliance requirements for small businesses. There are no 
significant alternatives that could further minimize the already 
minimal impact on businesses, small or large.

V. 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 changes to the NFS removes 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 amended as 

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.


2. Revise section 1801.106 to read as follows:
    1801.106 OMB approval under the Paperwork Reduction Act.
    The following OMB control numbers apply:

                        NFS Segment                            control
1823.......................................................    2700-0089
1827.......................................................    2700-0052
1852.223-70................................................    2700-0160
NF 533.....................................................    2700-0003
NF 1018....................................................    2700-0017


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 
    (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 


1852.243-70   [Removed and Reserved]

4. Section 1852.243-70 is removed and reserved.

1852.243-72   [Amended]

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

[FR Doc. 2016-26174 Filed 10-28-16; 8:45 am]