[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: [email protected]. 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]
BILLING CODE 7510-13-P