[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29038-29039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13475]



48 CFR Parts 1802

RIN 2700-AE46

NASA Federal Acquisition Regulation Supplement: Removal of 
Definitions (NFS Case 2018-N017)

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 definitions 
which affect only the internal Agency administrative procedures and 
have no cost or administrative impact on contractors or prospective 

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-N017, using any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by searching for 
``NFS Case 2018-N017''. Select the link ``Comment Now'' that 
corresponds with ``NFS Case 2018-N017''. Follow the instructions 
provided on the screen. Please include your name, company name (if 
any), and ``NFS Case 2018-N017'' on any uploaded files.''
     Email: [email protected]. Include ``NFS Case 2018-
N017'' in the subject line of the message.

Office of Procurement, Contract and Grant Policy Division, Suite 5K32, 
300 E Street SW, Washington, DC 20456-0001. Telephone 202-358-2420.


I. Background

    NFS part 1802, Definitions of Words and Terms, contains the 
following definitions that affect only the internal Agency 
administrative procedures and have no cost or administrative impact on 
contractors or prospective contractors: Administrator, Contracting 
activity, Head of the agency or agency head, Head of the contracting 
activity (HCA), NASA Acquisition internet Service (NAIS), Procurement 
officer, and Senior Procurement Executive. Pursuant to Executive Order 
13563, Improving Regulation and Regulatory

[[Page 29039]]

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objective of reducing or removing any unnecessary, outdated and 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. 
Because the definitions affect only the internal Agency administrative 
procedures they can be removed from the regulatory section of the NFS.
    NASA does not anticipate opposition to the changes or significant 
adverse 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 form, 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 that has 
no impact on contractors or prospective offerors as the definitions 
being removed affect only the internal Agency administrative 

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 Part 1802

    Government procurement.

Geoffrey Sage,
NASA FAR Supplement Manager.


Accordingly, under the authority of 51 U.S.C. 20113(a), 48 CFR part 
1802 is removed.

[FR Doc. 2018-13475 Filed 6-21-18; 8:45 am]