[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64069-64070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20468]



48 CFR Parts 1845

[NFS Case 2020-N016]
RIN 2700-AE59

NASA Federal Acquisition Regulation Supplement: Removal of Use of 
Government Property for Commercial Work

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.


SUMMARY: NASA is issuing a final rule to amend the NASA Federal 
Acquisition Regulation (FAR) Supplement (NFS) to remove the sections 
governing ``Use of Government property for commercial work'' from NFS 
as this only affects the internal Agency administrative procedures and 
has no cost or administrative impact on contractors or prospective 

DATES: This final rule is effective December 8, 2020. Comments due on 
or before November 9, 2020. If adverse comments are received, NASA will 
publish a timely withdrawal of the rule in the Federal Register.

Office of Procurement, Procurement Management and Policy Division, 300 
E Street SW, Washington, DC 20456-0001. Telephone 202-358-0104.


I. Background

    NFS Part 1845.301-71 Use of Government property for commercial 
work, contains procedures and criteria related to the approval of non-
government use of NASA equipment on commercial contracts that affect 
only the internal Agency administrative procedures and have no cost or 
administrative impact on contractors or prospective contractors. 
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objective of reducing or removing any unnecessary, outdated and 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. 
Because the 1845.301-71 affect only the internal Agency administrative 
procedures it 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 notice 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 

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 non-substantive 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).

[[Page 64070]]

List of Subjects in 48 CFR Part 1845

    Government procurement.

Geoffrey Sage,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR part 1845 is amended as follows:


1. The authority citation for part 1845 continues to read as follows:

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

1845.301-71  [Removed]

2. Remove section 1845.301-71.

[FR Doc. 2020-20468 Filed 10-8-20; 8:45 am]