[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38852-38853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16962]



48 CFR Part 1852

RIN 2700-AE42

NASA FAR Supplement: Preproposal/Pre-Bid Conference (2017-N023)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.


SUMMARY: NASA is issuing a direct final rule to amend the NASA FAR 
Supplement (NFS) to remove reference to the NASA Acquisition 
Information System (NAIS) electronic posting system and revise titles 
to agency directives.

DATES: This direct final rule is effective October 16, 2017. Comments 
due on or before September 15, 2017. If adverse comments are received, 
NASA will publish a timely withdrawal of the rule in the Federal 

Procurement, telephone 202.358.2143.


I. Background

    During a recent quality review of the NFS to validate the accuracy 
and relevancy of its policy, guidance, and procedures, we discovered 
(1) an outdated reference to the NASA Acquisition Information System 
(NAIS) for posting agency business opportunities and (2) superseded 
titles to NASA directives. NASA posts all business opportunities 
through the Governmentwide Point of Entry (GPE) via the Internet at 
http://www.fedbizopps.gov and agency directives are periodically 
reviewed and updated. This rule amends NFS 1852.215-77 and 1852.245-82 
to remove the reference to the NAIS electronic posting system and 
update titles to NASA policy directives respectively.
    NASA has not published a proposed rule in the Federal Register to 
make these nonsubstantive changes because they affect only the internal 
operating procedures of the Government and have no significant cost or 
administrative or cost impact on contractors or offerors. NASA does not 
anticipate opposition to the changes or significant adverse comments. 
However, if the Agency receives a significant adverse comment, it will 
withdraw this direct final rule by publishing a notice in the Federal 
Register. A significant adverse comment is one that explains: (1) Why 
the direct final rule is inappropriate, including

[[Page 38853]]

challenges to the rule's underlying premise or approach; or (2) why the 
direct final rule will be ineffective or unacceptable without a change. 
In determining whether a comment necessitates withdrawal of this direct 
final rule, NASA will consider whether it warrants a substantive 
response in a notice and comment process.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This direct final rule is not required to be published for public 
comment because it makes nonsubstantive changes to Agency regulations. 
It merely removes from the NASA FAR Supplement a reference to the NASA 
Acquisition Information System (NAIS) posting system and updates titles 
to agency-level directives.

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

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant NFS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and therefore does not 
require publication for public comment.

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 Part 1852

    Government Procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR part 1852 is amended as follows:


1. The authority citation for part 1852 continues to read as follows:

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

1852.215-77   [Amended]

2. Amend section 1852.215-77 by removing from paragraph (e) last 
sentence, the words ``using the NAIS Electronic Posting System''.

1852.245-82   [Amended]

3. Amend section 1852.245-82 by--
a. Revising the title and date of the clause;
b. Removing in paragraph (a)(1) ``NPD 8800.14, Policy for Real Property 
Management'' and adding ``NPD 8800.14, Policy for Real Estate 
Management'' in its place; and
c. Removing in paragraph (a)(2) ``NPD 8831.2, Facility Maintenance 
Management'' and adding ``NPD 8831.2, Facilities Maintenance and 
Operations Management'' in its place.
    The revision reads as follows:

1852.245-82  Occupancy management requirements.

* * * * *

Occupancy Management Requirements (September 15, 2017)

* * * * *
[FR Doc. 2017-16962 Filed 8-15-17; 8:45 am]