[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]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
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.
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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
contractors.
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.
FOR FURTHER INFORMATION CONTACT: Teresa Anthony, NASA Headquarters,
Office of Procurement, Procurement Management and Policy Division, 300
E Street SW, Washington, DC 20456-0001. Telephone 202-358-0104.
SUPPLEMENTARY INFORMATION:
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objective of reducing or removing any unnecessary, outdated and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
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 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
procedures.
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:
PART 1845--GOVERNMENT PROPERTY
0
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]
0
2. Remove section 1845.301-71.
[FR Doc. 2020-20468 Filed 10-8-20; 8:45 am]
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