[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29039-29040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13464]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1827 and 1852

RIN 2700-AE45


NASA Federal Acquisition Regulation Supplement: Removal of 
Reference to the Supplemental Rights in Data Special Works Policy and 
Associated Clause (NFS Case 2018-N016)

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: NASA is issuing a final rule to amend the NASA Federal 
Acquisition Regulation (FAR) Supplement (NFS) to remove reference to 
the supplemental rights in data special works policy and associated 
clause.

DATES: This final rule is effective August 21, 2018. Comments due on or 
before July 23, 2018. If adverse comments are received, NASA will 
publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Submit comments identified by NFS Case 2018-N016, using any 
of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by searching for 
``NFS Case 2018-N016''. Select the link ``Comment Now'' that 
corresponds with ``NFS Case 2018-N016''. Follow the instructions 
provided on the screen. Please include your name, company name (if 
any), and ``NFS Case 2018-N016'' on any uploaded files.''
    [cir] Email: john.brett@nasa.gov. Include ``NFS Case 2018-N016'' in 
the subject line of the message.

FOR FURTHER INFORMATION CONTACT: John Brett, NASA Headquarters, Office 
of Procurement, Contract and Grant Policy Division, Suite 5G25, 300 E 
Street SW, Washington, DC 20456-0001. Telephone 202-358-0687.

SUPPLEMENTARY INFORMATION:

I. Background

    NFS 1827.409(i), and associated clause 1852.227-17, Rights in Data-
Special Works, require that whenever the words ``establish'' and 
``establishment'' are used in clause 52.227-17, Rights in Data, those 
words shall be construed to mean ``assert'' and ``assertion'', 
respectively. In 2007, 52.227-17 was modified. As a result of the 
modification, the words ``establish'' and ``establishment'' no longer 
appear in the clause. With the modification of 52.227-17, the 
requirement for NFS 1827.409(i), and associated clause 1852.227-17, 
Rights in Data-Special Works, is rendered unnecessary. Pursuant to 
Executive Order 13563, Improving Regulation and Regulatory Review, and 
Executive Order 13777, Enforcing the Regulatory Reform Agenda, NASA is 
continually reviewing existing regulations with the objective of 
reducing or removing any unnecessary, outdated and burdensome 
requirements that have outlived their intended purpose, NFS 
1827.409(i), and associated clause 1852.227-17, Rights in Data-Special 
Works, were reviewed and recommended for removal from the NFS since 
they are no longer applicable under any circumstance.
    NASA does not anticipate opposition to the changes or significant 
adverse

[[Page 29040]]

comments. However, if the Agency receives significant adverse comment, 
it will withdraw this final rule by publishing a document in the 
Federal Register. A significant adverse comment is one that explains: 
(1) Why the final rule is inappropriate, including challenges to the 
rule's underlying premise or approach; or (2) why the final rule will 
be ineffective or unacceptable without change. In determining whether a 
comment necessitates withdrawal of this 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 
(FAR). 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 from, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because it makes nonsubstantive changes to Agency regulations. The rule 
merely removes from the NFS policy and an associated clause that are 
outdated.

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. Executive Order 13371

    This rule is not subject to Executive Order (E.O.) 13771, Reducing 
Regulation and Controlling Regulatory Costs, because this rule is not a 
significant regulatory action under E.O. 12866.

V. 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.

VI. 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 1827 and 1852

    Government procurement.


Geoffrey Sage,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1827 and 1852 are amended as follows:

0
1. The authority citation for parts 1827 and 1852 continues to read as 
follows:

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

PART 1827--PATENTS, DATA, AND COPYRIGHTS


1827.409  [Amended]

0
2. Remove and reserve 1827.409(i).

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.227-17  [Removed and Reserved]

0
3. Remove and reserve 1852.227-17.

[FR Doc. 2018-13464 Filed 6-21-18; 8:45 am]
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