80 FR 18580 - NASA FAR Supplement Regulatory Review No. 3
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 80, Issue 66 (April 7, 2015)
Federal Register Volume 80, Issue 66 (April 7, 2015)
| Page Range | 18580-18584 | |
| FR Document | 2015-07737 |
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)] [Proposed Rules] [Pages 18580-18584] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07737] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1801, 1802, 1805, 1807, 1812, 1813, 1823, 1833, 1836, 1847, 1850, and 1852 RIN 2700-AE19 NASA FAR Supplement Regulatory Review No. 3 AGENCY: National Aeronautics and Space Administration. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: NASA is updating the NASA FAR Supplement (NFS) with the goal of eliminating unnecessary regulation, streamlining overly-burdensome regulation, clarifying language, and simplifying processes where possible. This proposed rule is the third and final in a series and includes updates and revisions to 10 parts of the NFS. On January 18, 2011, President Obama signed Executive Order (E.O.) 13563, Improving Regulations and Regulatory Review, directing agencies to develop a plan for a retrospective analysis of existing regulations. The revisions to this proposed rule are part of NASA's retrospective plan under E.O. 13563 completed in August 2011. DATES: Interested parties should submit comments to NASA at the address below on or before June 8, 2015 to be considered in formulation of the final rule. ADDRESSES: Interested parties may submit comments, identified by RIN number 2700-AE19 via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments may also be submitted to Cynthia Boots via email at [email protected]. FOR FURTHER INFORMATION CONTACT: Cynthia Boots, NASA, Office of Procurement, email: [email protected]. SUPPLEMENTARY INFORMATION: A. Background The NASA FAR Supplement (NFS) is codified at 48 CFR part 1800. Periodically, NASA performs a comprehensive review and analysis of the regulation, makes updates and corrections, and reissues the NASA FAR Supplement. The last reissue was in 2004. The goal of the review and analysis is to reduce regulatory burden where justified and appropriate and make the NFS content and processes more efficient and effective, faster and simpler, in support of NASA's mission. Consistent with Executive Order (E.O.) 13563, Improving Regulations and Regulatory Review, NASA is currently reviewing and revising the NFS with an emphasis on streamlining it and reducing associated burdens. Due to the volume of the NFS, these revisions are being made in increments. This proposed rule is the third and final rule. The three rules together will constitute the NFS update and reissue. This proposed rule includes regulatory revisions to the following ten parts of the NFS: 1801--Federal Acquisition Regulations Systems 1802--Definitions 1805--Publicizing Contract Actions 1807--Acquisition Planning 1812--Acquisition of Commercial Items 1813--Simplified Acquisition Procedures 1823--Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace 1833--Protests, Disputes and Appeals 1836--Construction and Architect-Engineer Contracts 1847--Transportation 1850--Extraordinary Contractual Actions and the Safety Act 1852--Solicitation Provisions and Contract Clauses Further, this proposed rule provides notice that no regulatory changes will be made to the following ten parts of the NFS: 1803--Improper Business Practices and Personal Conflicts of Interest 1804--Administrative Matters 1808--Required Sources of Supplies and Services 1811--Describing Agency Needs 1825--Foreign Acquisition 1839--Acquisition of Information Technology 1835--Research and Development Contracting 1845--Government Property 1848--Value Engineering 1872--Acquisition of Investigations NASA analyzed the existing regulation to determine whether any portions should be modified, streamlined, expanded, or repealed in order to make the regulation more efficient and effective. Special emphasis was placed on identifying and eliminating or simplifying overly burdensome processes that could be streamlined without jeopardizing Agency mission effectiveness. Additionally, NASA sought to identify current regulatory coverage that is not regulatory in nature, and to remove or relocate such coverage to internal guidance. In addition to substantive changes, this proposed rule includes administrative changes necessary to make minor corrections and updates. Specifically, the changes in this proposed rule are summarized as follows: 1801.106 is revised to reflect currently approved OMB Information Collection Requests 1802.101 is revised to update the definition of Head of Contracting Activity to reflect internal organizational changes. 1805.303(a)(i) is revised to delete the dollar figure of $3.5 million but retain the reference to the threshold at FAR 5.303(a). Consequently, if the threshold at FAR 5.303(a) changes at any time, NFS 1805.303(a)(i) will continue to be correct and will not require rule- making to reflect the FAR change. 1807.107 and 1807.107-70 are deleted from the regulation. These sections provide NASA-internal direction to contracting officers and are not regulatory in nature. These sections, with minor edits, will remain non-codified internal guidance. 1807.7200 is revised to reflect a change to a Web site address. 1807.7201, the definition of ``contract opportunity'' is revised to delete ``$25,000'' and replace it with ``the simplified acquisition threshold''. 1812.301, the list of NFS clauses authorized for use in acquisition of [[Page 18581]] commercial items updated through additions and deletions to reflect the list of currently approved clauses. 1813.000 is deleted. This section is internal guidance. This cite stated that simplified acquisition procedures were not applicable to R&D contracts for which proposals were solicited via a NASA Research Announcement (NRA) or an Announcement of Opportunity (OA). Removing the text from the regulation removes unnecessary regulation and it permits NASA to utilize simplified acquisition procedures for R&D contracting, as appropriate. 1823.7001, NASA solicitation provisions and contract clauses, is revised to specify that a safety and health plan may be required for acquisitions above the simplified acquisition threshold when the work will be conducted completely or partly on a Federally-controlled facility. The revision also provides three options to the contracting officer concerning the requirement for a safety and health plan. The contracting officer may use the clause at 1852.223-70, Safety and Health, when the safety and health plan will be evaluated as part of proposal evaluation. The contracting officer may use the FAR clause 52.236-13, Accident Prevention, and its Alternate I, when the safety and health plan will submitted after contract award for approval. The contracting officer may use the clause at 1852.223-72, Safety and Health (Short Form), when a safety and health plan is not required to be submitted under the contract. Additionally, when using the FAR clause at 52.236-13 with its Alternate I, the contracting officer is authorized to modify the wording in paragraph (f) of Alternate I to specify: (1) When the proposed plan is due and (2) Whether the contractor may commence work prior to approval of the plan; or (3) To what extent the contractor may commence work before the plan is approved. 1833.103 is revised to clarify that bidders or offerors may either protest directly to the contracting officer, or alternatively, request an independent review by the Assistant Administrator of Procurement, consistent with FAR 33.103. Likewise, the corresponding clause at 1852.233 is revised to reflect the same clarification. 1833.106-70 and 1833.215 are revised to correct capitalization and lower case usage, consistent with FAR convention. 1836.513, Accident prevention, is revised to allow the use of FAR clause 52.236-13, Accident Prevention in certain circumstances, as specified at 1823.7001, when a safety and health plan is required under the contract but will not be evaluated with proposals. 1847, The clause at 1852.247-71, Protection of the Florida Manatee, is revised to reflect current technical requirements and organizational points of contact in order to ensure that information essential to protecting the endangered manatee will be properly conveyed to contractors working on-site at NASA Kennedy Space Center (KSC). The clause was previously published as a proposed rule 73 FR 63420. 1850.104, Several administrative changes are made to the processing of contractor requests under the Safety Act. Although most of these changes involve internal NASA operations, the coverage will remain in the NFS because it is important for offerors to have a full understanding of agency activities related to the unique authority of the Safety Act. 1850.104-70 is deleted. This section assigned cognizance for indemnification applications to the NASA installation with the highest dollar value of contracts. The administrative changes to 1850.104 described immediately above clarify that all indemnity applications will be made to NASA HQ, with the NASA Administrator as the approval authority. B. 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 proposed rule is not a ``significant regulatory action'' under section 3(f) of E.O. 12866. This proposed rule is not a major rule under 5 U.S.C. 804. C. Regulatory Flexibility Act NASA does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. because it mainly clarifies or updates existing regulations. In several instances, this proposed rule deletes existing requirements which eases the regulatory burden on all entities, minimizing the number of resources used to collect the data and report it to the government. D. Paperwork Reduction Act The proposed rule contains no new 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 1801, 1802, 1805, 1807, 1812, 1813, 1823, 1833, 1836, 1847, 1850, and 1852 Government procurement. Cynthia Boots, Alternate Federal Register Liaison. Accordingly, 48 CFR parts 1801, 1802, 1805, 1807, 1812, 1813, 1823, 1833, 1836, 1847, 1850, and 1852 are proposed to be amended as follows: PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM 0 1. The authority citation for part 1801 is revised to read as follows Authority: 51 U.S.C. 20113(a). 0 2. Section 1801.106 is revised to read as follows: 1801.106 OMB approval under the Paperwork Reduction Act. (1) NFS requirements. The following OMB control numbers apply: ------------------------------------------------------------------------ OMB Control NFS Segment No. ------------------------------------------------------------------------ 1823.................................................... 2700-0089 1827.................................................... 2700-0052 1843.................................................... 2700-0054 NF 533.................................................. 2700-0003 NF 1018................................................. 2700-0017 ------------------------------------------------------------------------ PART 1802--DEFINITIONS OF WORDS AND TERMS 0 3. The authority citation for part 1802 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 0 4. In section 1802.101, the definition for ``Head of the contracting activity (HCA)'' is revised to read as follow: 1802.101 Definitions. * * * * * Head of the contracting activity (HCA) means, for field installations, the Director or other head, and for NASA Headquarters, the Director for Headquarters Operations. For Human Exploration and Operations Mission Directorate (HEOMD) contracts, the HCA is the Associate Administrator for HEOMD in lieu of the field Center Director(s). For NASA Shared Services Center (NSSC) contracts, the HCA is the Executive Director of the NSSC in lieu of the field Center Director(s). * * * * * [[Page 18582]] PART 1805 --PUBLICIZING CONTRACT ACTIONS 0 5. The authority citation for part 1805 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 0 6. Section 1805.303 is revised to read as follows: 1805.303 Announcement of contract awards. (a)(i) In lieu of the threshold cited in FAR 5.303(a), a NASA Headquarters public announcement is required for award of contract actions that have a total anticipated value, including unexercised options, of $5 million or greater. PART 1807--ACQUISITION PLANNING 0 7. The authority citation for part 1807 is revised to read as follows: Authority: 51 U.S.C. 20113(a). Subpart 1807.1 [Removed] 0 8. Subpart 1807.01, consisting of sections 1807.107 and 1807.107-70, is removed. 0 9. In section 1807.7200, paragraph (b) is revised to read as follows: 1807.7200 Policy. * * * * * (b) The annual forecast and semiannual update are available on the NASA Acquisition Internet Service (http://www.hq.nasa.gov/office/procurement/forecast/index.html). 0 10. In section 1807.7201, the definition for ``Contract opportunity'' is revised to read as follows: 1807.7201 Definitions. * * * * * Contract opportunity means planned new contract awards exceeding the simplified acquisition threshold (SAT). PART 1812--ACQUISITION OF COMMERCIAL ITEMS 0 11. The authority citation for part 1812 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 0 12. Section 1812.301 is revised to read as follows: 1812.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (f)(i) The following clauses are authorized for use in acquisitions of commercial items when required by the clause prescription: (A) 1852.204-75, Security Classification Requirements. (B) 1852.204-76, Security Requirements for Unclassified Information Technology Resources. (C) 1852.215-84, Ombudsman. (D) 1852.216-80, Task Order Procedures (Alternate I). (E) 1852.216-88, Performance Incentive. (F) 1852.219-73, Small Business Subcontracting Plan. (G) 1852.219-75, Small Business Subcontracting Reporting. (H) 1852.223-70, Safety and Health. (I) 1852.223-71, Frequency Authorization. (J) 1852.223-72, Safety and Health (Short Form). (K) 1852.223-73, Safety and Health Plan. (L) 1852.223-75, Major Breach of Safety and Security (Alternate I). (M) 1852.225-70, Export Licenses. (N) 1852.228-76, Cross-Waiver of Liability for International Space Station Activities. (O) 1852.228-78, Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to the International Space Station. (P) 1852.237-70, Emergency Evacuation Procedures. (Q) 1852.237-72, Access to Sensitive Information. (R) 1852.237-73, Release of Sensitive Information. (S) 1852.246-72, Material Inspection and Receiving Report. (T) 1852.247.71, Protection of the Florida Manatee. 0 13. In section 1812.7000: 0 a. Paragraphs (d) is removed; 0 b. Paragraphs (a), (b), and (c) are redesignated as paragraph (b), (c), and (d), respectively; and 0 c. Paragraph (a) is added. The addition reads as follows: 1812.7000 Anchor tenancy contracts. (a) The term ``anchor tenancy'' means an arrangement in which the United States Government agrees to procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable. * * * * * PART 1813--SIMPLIFIED ACQUISITION PROCEDURES 0 14. The authority citation for part 1813 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 1813.000 [Removed] 0 15. Section 1813.000 is removed. PART 1823 --ENVIROMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 0 16. The authority citation for part 1823 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 0 17. In section 1823.7001: 0 a. Paragraph (c) is revised; 0 b. Paragraphs (d) and (e) are redesignated as paragraphs (e) and (f), respectively, and newly redesignated paragraph (f) is revised; and 0 c. Paragraph (d) is added. The revisions and addition read as follows: 1823.7001 NASA solicitation provisions and contract clauses. * * * * * (c) The contracting officer shall insert the clause at 1852.223-73, Safety and Health Plan, in solicitations above the simplified acquisition threshold when the work will be conducted completely or partly on a Federally-controlled facility and the safety and health plan will be evaluated in source selection as approved by the source selection authority. This clause may be modified to identify specific information that is to be included in the plan. After receiving the concurrence of the center safety and occupational health official(s), the contracting officer shall incorporate the plan as an attachment into any resulting contract. The contracting officer shall insert the clause, with its Alternate I, in Invitations for Bid. (d) The contracting officer shall insert FAR clause at 52.236-13 with its Alternate I in solicitations and contracts when the work will be conducted completely or partly on a Federally-controlled facility and a Safety and Health Plan will be reviewed after award as a contract deliverable. The contracting officer may modify the wording in paragraph (f) of Alternate I to specify: (1) When the proposed plan is due; and (2) Whether the contractor may commence work prior to approval of the plan; or (3) To what extent the contractor may commence work before the plan is approved. The requiring activity, in consultation with the cognizant health and safety official(s), will identify the data deliverable requirements for the safety and health plan. After receiving the concurrence of the center safety and occupational health official(s), the [[Page 18583]] contracting officer shall incorporate the plan as an attachment into the contract. * * * * * (f) The contracting officer shall insert the clause at 1852.223-72, Safety and Health (Short Form) in solicitations and contracts above the simplified acquisition threshold when work will be conducted completely or partly on Federally-controlled facilities and that do not contain the clause at 1852.223-73 or the FAR clause at 52.236-13 with its Alternate I. PART 1833--PROTESTS, DISPUTES, AND APPEALS 0 18. The authority citation for part 1833 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 0 19. Section 1833.103 is revised to read as follows: 1833.103 Protests to the agency. (d)(4) The provision at 1852.233-70 provides for an alternative to a protest to the United States Government Accountability Office (GAO). This alternative gives bidders or offerors the ability to protest directly to the contracting officer (CO) or to request an independent review by the Assistant Administrator for Procurement (or designee). The Agency review shall be deemed to be at the CO level when the request is silent as to the level of review desired. The Agency review shall be deemed to be at the level of the Assistant Administrator for Procurement (or designee) when the request specifies a level above the CO, even if the request doesn't specifically request an independent review by the Assistant Administrator for Procurement. Such reviews are separate and distinct from the Ombudsman Program described at 1815.7001. (e) NASA shall summarily dismiss and take no further action upon any protest to the Agency if the substance of the protest is pending in judicial proceedings or the protester has filed a protest on the same acquisition with the GAO prior to receipt of an Agency protest decision. (4) When a bidder or offeror submits an Agency protest to the CO or alternatively requests an independent review by the Assistant Administrator for Procurement, the decision of the CO or the Assistant Administrator for Procurement shall be final and is not subject to any appeal or reconsideration within NASA. 1833.106-70 [Amended] 0 20. In section 1833.106-70, remove the words ``Contracting officers'' and add in their place the words ``The contracting officer''. 1833.215 [Amended] 0 21. In section 1833.215, remove the word ``agency'' and add in its place the word ``Agency''. PART 1836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 0 22. The authority citation for part 1836 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 0 23. Section 1836.513 is revised to read as follows: 1836.513 Accident prevention. For additional guidance on the use of FAR clause 52.236-13, Accident Prevention, and its Alternate I in NASA contracts, see 1823.7001(d). PART 1850--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT 0 24. The authority citation for part 1850 is added to read as follows: Authority: 51 U.S.C. 20113(a). 1850.103-570 [Amended] 0 25. In section 1850.103-570, paragraph (a), remove the words ``Associate General Counsel for General Law'' and add in their place the words ``Associate General Counsel for Contracts and Procurement Law''. 1850.103-670 [Amended] 0 26. In section 1850.103-670, paragraph (b), remove the words ``Associate General Counsel for General Law'' and add in their place the words ``Associate General Counsel for Contracts and Procurement Law''. 0 27. Section 1850.104-2 is added to read as follows: 1850.104-2 General. (a) Requests for the exercise of residual powers shall be sent to the Headquarters Office of Procurement, Program Operations Division for review and processing. The NASA Administrator is the approval authority for the Memorandum of Decision. 0 28. Section 1850.104-3 is revised to read as follows: 1850.104-3 Special procedures for unusually hazardous or nuclear risks. (a) Indemnification requests. (1) Contractor indemnification requests must be submitted to the cognizant contracting officer for the contract for which the indemnification clause is requested. The request shall be submitted six (6) months in advance of the desired effective date of the requested indemnification in order to allow sufficient time for the request to be reviewed, analyzed, and approved by the Agency. Contractors shall submit a single request and shall ensure that duplicate requests are not submitted by associated divisions, subsidiaries, or central offices of the contractor. (ii) The Contractor's request for indemnification must identify a sufficient factual basis for indemnification by explaining specifically what work activities under the contract create the unusually hazardous or nuclear risk and identifying the timeframes in which the risk would be incurred. (iii) The contractor shall also provide evidence, such as a certificate of insurance or other customary proof of insurance, that such insurance is either in force or is available and will be in force during the indemnified period. (b) Action on indemnification requests. (1) If recommending approval, the contracting officer shall forward the required information to the NASA Headquarters Office of Procurement, Program Operations Division, along with the following: (i) For contracts of five years duration or longer, a determination, with supporting rationale, whether the indemnification approval and insurance coverage and premiums should be reviewed for adequacy and continued validity at points in time within the extended contract period. (ii) The specific definition of the unusually hazardous risk to which the contractor is exposed in the performance of the contract(s), including specificity about which activities present such risk and the anticipated timeframes in which the risk will be incurred; (iv) A complete discussion of the contractor's financial protection program; and (vi) The extent to, and conditions under, which indemnification is being approved for subcontracts. (2) The NASA Administrator is the approval authority for using the indemnification clause in a contract by a Memorandum of Decision. (4)(ii) If approving subcontractor indemnification, the contracting officer shall document the file with a memorandum for record addressing the items set forth in FAR 50.104-3(b) and include an analysis of the subcontractor's financial protection program. In performing this analysis, the contracting officer shall take into consideration the availability, cost, terms and conditions of insurance in relation to the unusually hazardous risk. [[Page 18584]] 0 29. Section 1850.104-4 is added to read as follows: 1850.104-4 Contract clause. The contracting officer shall obtain the NASA Administrator's approval prior to including clause 52.250-1 in a contract. 1850.104-70 [Removed] 0 30. Section 1850.104-70 is removed. PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 31. The authority citation for part 1852 is revised to read as follows: Authority: 51 U.S.C. 20113(a). 0 32. Sections 1852.223-72 and 1852.223-73 are revised to read as follows: 1852.223-72 Safety and Health (Short Form). As prescribed in 1823.7001(f), insert the following clause: SAFETY AND HEALTH (SHORT FORM) (XX/XX) (a) Safety is the freedom from those conditions that can cause death, injury, occupational illness; damage to or loss of equipment or property, or damage to the environment. NASA is committed to protecting the safety and health of the public, our team members, and those assets that the Nation entrusts to the Agency. (b) The Contractor shall have a documented, comprehensive and effective health and safety program with a proactive process to identify, assess, and control hazards and take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract (c) The Contractor shall insert the substance of this clause, including this paragraph (c) in subcontracts that exceed the simplified acquisition threshold where work will be conducted completely or partly on Federally-controlled facilities. (End of clause) 1852.223-73 Safety and Health Plan. As prescribed in 1823.7001(c), insert the following clause: SAFETY AND HEALTH PLAN (XX/XX) (a) The offeror shall submit a detailed safety and occupational health plan as part of its proposal. The plan shall include a detailed discussion of the policies, procedures, and techniques that will be used to ensure the safety and occupational health of Contractor employees and to ensure the safety of all working conditions throughout the performance of the contract. (b) The plan shall similarly address subcontractor employee safety and occupational health for those proposed subcontracts or subcontract effort where the work will be conducted completely or partly on a Federally-controlled facility (d) This plan, as approved by the Contracting Officer, will be incorporated into any resulting contract. (End of clause) ALTERNATE I (XX/XX) As prescribed in 1823.7001(c)(1), delete the first sentence in paragraph (a) of the basic provision and substitute the following: The apparent low bidder, upon request by the Contracting Officer, shall submit a detailed safety and occupational health plan. The plan shall be submitted within the time specified by the Contracting Officer. Failure to submit an acceptable plan shall make the bidder ineligible for the award of a contract. 0 33. Section 1852.233-70 is revised to read as follows: 1852.233-70 Protests to NASA. As prescribed in 1833.106-70, insert the following provision: PROTESTS TO NASA (XX/XX) (a) In lieu of a protest to the United States Government Accountability Office (GAO), bidders or offerors may submit a protest under 48 CFR part 33 (FAR part 33) directly to the Contracting Officer for consideration by the Agency. Alternatively, bidders or offerors may request an independent review by the Assistant Administrator for Procurement, who will serve as or designate the official responsible for conducting an independent review. Such reviews are separate and distinct from the Ombudsman Program described at 1815.7001. (b) Bidders or offerors shall specify whether they are submitting a protest to the Contracting Officer or requesting an independent review by the Assistant Administrator for Procurement. (c) Protests to the Contracting Officer shall be submitted to the address or email specified in the solicitation (email is an acceptable means for submitting a protest to the Contracting Officer). Alternatively, requests for independent review by the Assistant Administrator for Procurement shall be addressed to the Assistant Administrator for Procurement, NASA Headquarters, Washington, DC 20456-0001. (End of provision) 0 34. Section 1852.247-71 is revised to read as follows: 1852.247-71 Protection of the Florida Manatee. As prescribed in 1847.7001, insert the following clause: PROTECTION OF THE FLORIDA MANATEE (XX/XX) (a) Pursuant to the Endangered Species Act of 1973 (Pub. L. 93- 205), as amended, and the Marine Mammals Protection Act of 1972 (Pub. L. 92-522), the Florida Manatee (Trichechus Manatus) has been designated an endangered species, and the Indian River Lagoon system within and adjacent to National Aeronautics and Space Administration's (NASA's) Kennedy Space Center (KSC) has been designated as a critical habitat of the Florida Manatee. The KSC Environmental Management Branch will advise all personnel associated with the project of the potential presence of manatees in the work area, and the need to avoid collisions and/or harassment of the manatees. Contractors shall ensure that all employees, subcontractors, and other individuals associated with this contract and who are involved in vessel operations, dockside work, and selected disassembly functions are aware of the civil and criminal penalties for harming, harassing, or killing manatees. (b) All contractor personnel shall be responsible for complying with all applicable Federal and/or state permits (e.g., Florida Department of Environmental Protection, St. Johns River Water Management District, Fish & Wildlife Service) in performing water- related activities within the contract. Where no Federal and/or state permits are required for said contract, and the contract scope requires activities within waters at KSC, the Contractor shall obtain a KSC Manatee Protection Permit from the Environmental Management Branch. All conditions of Federal, state, and/or KSC regulations and permits for manatee protection shall be binding to the contract. Notification and coordination of all water related activities at KSC will be done through the Environmental Management Branch. (c) The Contractor shall incorporate the provisions of this clause in applicable subcontracts. (End of clause) [FR Doc. 2015-07737 Filed 4-6-15; 8:45 am] BILLING CODE 7510-13-P
![18580 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules
downhole or during the oil/water retrospective plan under E.O. 13563 Further, this proposed rule provides
separation process. completed in August 2011. notice that no regulatory changes will be
■ 3. Add § 435.34 to read as follows: DATES: Interested parties should submit made to the following ten parts of the
comments to NASA at the address NFS:
§ 435.34 Pretreatment standards of
performance for new sources (PSNS). below on or before June 8, 2015 to be 1803—Improper Business Practices and
(a) PSNS for Wastewater from considered in formulation of the final Personal Conflicts of Interest
rule. 1804—Administrative Matters
Conventional Oil and Gas Extraction. 1808—Required Sources of Supplies and
[Reserved] ADDRESSES: Interested parties may Services
(b) PSNS for Wastewater from submit comments, identified by RIN 1811—Describing Agency Needs
Unconventional Oil and Gas Extraction. number 2700–AE19 via the Federal 1825—Foreign Acquisition
Except as provided in 40 CFR 403.7 and eRulemaking Portal: http:// 1839—Acquisition of Information
403.13, any new source with discharges www.regulations.gov. Follow the Technology
subject to this section must achieve the instructions for submitting comments. 1835—Research and Development
Comments may also be submitted to Contracting
following pretreatment standards for
1845—Government Property
new sources (PSNS). Cynthia Boots via email at 1848—Value Engineering
(1) There shall be no discharge of cynthia.d.boots@nasa.gov. 1872—Acquisition of Investigations
wastewater pollutants associated with FOR FURTHER INFORMATION CONTACT:
production, field exploration, drilling, NASA analyzed the existing
Cynthia Boots, NASA, Office of regulation to determine whether any
well completion, or well treatment for Procurement, email: cynthia.d.boots@
unconventional oil and gas extraction portions should be modified,
nasa.gov. streamlined, expanded, or repealed in
(e.g., drilling muds, drill cuttings,
SUPPLEMENTARY INFORMATION: order to make the regulation more
produced sand, produced water) into
publicly owned treatment works. A. Background efficient and effective. Special emphasis
(2) For the purposes of this section, was placed on identifying and
The NASA FAR Supplement (NFS) is eliminating or simplifying overly
the definitions of unconventional oil codified at 48 CFR part 1800.
and gas, drill cuttings, drilling muds, burdensome processes that could be
Periodically, NASA performs a streamlined without jeopardizing
produced sand, and produced water are comprehensive review and analysis of
as specified in § 435.33(b)(2)(i) through Agency mission effectiveness.
the regulation, makes updates and Additionally, NASA sought to identify
(v). corrections, and reissues the NASA FAR
■ 4. Add subpart H to read as follows:
current regulatory coverage that is not
Supplement. The last reissue was in regulatory in nature, and to remove or
Subpart H—Coalbed Methane 2004. The goal of the review and relocate such coverage to internal
Subcategory [Reserved] analysis is to reduce regulatory burden guidance. In addition to substantive
where justified and appropriate and changes, this proposed rule includes
[FR Doc. 2015–07819 Filed 4–6–15; 8:45 a.m.] make the NFS content and processes administrative changes necessary to
BILLING CODE 6560–50–P more efficient and effective, faster and make minor corrections and updates.
simpler, in support of NASA’s mission. Specifically, the changes in this
Consistent with Executive Order (E.O.) proposed rule are summarized as
NATIONAL AERONAUTICS AND 13563, Improving Regulations and follows:
SPACE ADMINISTRATION Regulatory Review, NASA is currently 1801.106 is revised to reflect currently
reviewing and revising the NFS with an approved OMB Information Collection
48 CFR Parts 1801, 1802, 1805, 1807, emphasis on streamlining it and Requests
1812, 1813, 1823, 1833, 1836, 1847, reducing associated burdens. Due to the 1802.101 is revised to update the
1850, and 1852 volume of the NFS, these revisions are definition of Head of Contracting
being made in increments. This Activity to reflect internal
RIN 2700–AE19
proposed rule is the third and final rule. organizational changes.
NASA FAR Supplement Regulatory The three rules together will constitute 1805.303(a)(i) is revised to delete the
Review No. 3 the NFS update and reissue. This dollar figure of $3.5 million but retain
proposed rule includes regulatory the reference to the threshold at FAR
AGENCY: National Aeronautics and revisions to the following ten parts of 5.303(a). Consequently, if the threshold
Space Administration. the NFS: at FAR 5.303(a) changes at any time,
ACTION: Proposed rule. NFS 1805.303(a)(i) will continue to be
1801—Federal Acquisition Regulations
Systems correct and will not require rule-making
SUMMARY: NASA is updating the NASA to reflect the FAR change.
FAR Supplement (NFS) with the goal of 1802—Definitions
1805—Publicizing Contract Actions 1807.107 and 1807.107–70 are deleted
eliminating unnecessary regulation, 1807—Acquisition Planning from the regulation. These sections
streamlining overly-burdensome 1812—Acquisition of Commercial Items provide NASA-internal direction to
regulation, clarifying language, and 1813—Simplified Acquisition Procedures contracting officers and are not
simplifying processes where possible. 1823—Environment, Energy and Water regulatory in nature. These sections,
This proposed rule is the third and final Efficiency, Renewable Energy with minor edits, will remain non-
in a series and includes updates and Technologies, Occupational Safety, and codified internal guidance.
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revisions to 10 parts of the NFS. On Drug-Free Workplace 1807.7200 is revised to reflect a
January 18, 2011, President Obama 1833—Protests, Disputes and Appeals
1836—Construction and Architect-Engineer
change to a Web site address.
signed Executive Order (E.O.) 13563, 1807.7201, the definition of ‘‘contract
Contracts
Improving Regulations and Regulatory 1847—Transportation opportunity’’ is revised to delete
Review, directing agencies to develop a 1850—Extraordinary Contractual Actions and ‘‘$25,000’’ and replace it with ‘‘the
plan for a retrospective analysis of the Safety Act simplified acquisition threshold’’.
existing regulations. The revisions to 1852—Solicitation Provisions and Contract 1812.301, the list of NFS clauses
this proposed rule are part of NASA’s Clauses authorized for use in acquisition of
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![18582 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules
PART 1805 —PUBLICIZING (C) 1852.215–84, Ombudsman. PART 1823 —ENVIROMENT, ENERGY
CONTRACT ACTIONS (D) 1852.216–80, Task Order AND WATER EFFICIENCY,
Procedures (Alternate I). RENEWABLE ENERGY
■ 5. The authority citation for part 1805
(E) 1852.216–88, Performance TECHNOLOGIES, OCCUPATIONAL
is revised to read as follows:
Incentive. SAFETY, AND DRUG-FREE
Authority: 51 U.S.C. 20113(a). WORKPLACE
(F) 1852.219–73, Small Business
■ 6. Section 1805.303 is revised to read
Subcontracting Plan. ■ 16. The authority citation for part
as follows:
(G) 1852.219–75, Small Business 1823 is revised to read as follows:
1805.303 Announcement of contract Subcontracting Reporting. Authority: 51 U.S.C. 20113(a).
awards.
(H) 1852.223–70, Safety and Health. ■ 17. In section 1823.7001:
(a)(i) In lieu of the threshold cited in
(I) 1852.223–71, Frequency ■ a. Paragraph (c) is revised;
FAR 5.303(a), a NASA Headquarters
Authorization. ■ b. Paragraphs (d) and (e) are
public announcement is required for
award of contract actions that have a (J) 1852.223–72, Safety and Health redesignated as paragraphs (e) and (f),
total anticipated value, including (Short Form). respectively, and newly redesignated
unexercised options, of $5 million or (K) 1852.223–73, Safety and Health paragraph (f) is revised; and
greater. Plan. ■ c. Paragraph (d) is added.
(L) 1852.223–75, Major Breach of The revisions and addition read as
PART 1807—ACQUISITION PLANNING Safety and Security (Alternate I). follows:
■ 7. The authority citation for part 1807 (M) 1852.225–70, Export Licenses. 1823.7001 NASA solicitation provisions
is revised to read as follows: (N) 1852.228–76, Cross-Waiver of and contract clauses.
Authority: 51 U.S.C. 20113(a). Liability for International Space Station * * * * *
Activities. (c) The contracting officer shall insert
Subpart 1807.1 [Removed] (O) 1852.228–78, Cross-Waiver of the clause at 1852.223–73, Safety and
Liability for Science or Space Health Plan, in solicitations above the
■ 8. Subpart 1807.01, consisting of
Exploration Activities Unrelated to the simplified acquisition threshold when
sections 1807.107 and 1807.107–70, is
International Space Station. the work will be conducted completely
removed.
(P) 1852.237–70, Emergency or partly on a Federally-controlled
■ 9. In section 1807.7200, paragraph (b)
Evacuation Procedures. facility and the safety and health plan
is revised to read as follows: will be evaluated in source selection as
(Q) 1852.237–72, Access to Sensitive approved by the source selection
1807.7200 Policy. Information.
* * * * * authority. This clause may be modified
(R) 1852.237–73, Release of Sensitive to identify specific information that is to
(b) The annual forecast and Information.
semiannual update are available on the be included in the plan. After receiving
NASA Acquisition Internet Service (S) 1852.246–72, Material Inspection the concurrence of the center safety and
(http://www.hq.nasa.gov/office/ and Receiving Report. occupational health official(s), the
procurement/forecast/index.html). (T) 1852.247.71, Protection of the contracting officer shall incorporate the
■ 10. In section 1807.7201, the Florida Manatee. plan as an attachment into any resulting
definition for ‘‘Contract opportunity’’ is ■ 13. In section 1812.7000: contract. The contracting officer shall
revised to read as follows: insert the clause, with its Alternate I, in
■ a. Paragraphs (d) is removed;
Invitations for Bid.
1807.7201 Definitions. ■ b. Paragraphs (a), (b), and (c) are (d) The contracting officer shall insert
* * * * * redesignated as paragraph (b), (c), and FAR clause at 52.236–13 with its
Contract opportunity means planned (d), respectively; and Alternate I in solicitations and contracts
new contract awards exceeding the ■ c. Paragraph (a) is added. when the work will be conducted
simplified acquisition threshold (SAT). The addition reads as follows: completely or partly on a Federally-
controlled facility and a Safety and
PART 1812—ACQUISITION OF 1812.7000 Anchor tenancy contracts. Health Plan will be reviewed after
COMMERCIAL ITEMS (a) The term ‘‘anchor tenancy’’ means award as a contract deliverable. The
■ 11. The authority citation for part an arrangement in which the United contracting officer may modify the
1812 is revised to read as follows: States Government agrees to procure wording in paragraph (f) of Alternate I
sufficient quantities of a commercial to specify:
Authority: 51 U.S.C. 20113(a).
space product or service needed to meet (1) When the proposed plan is due;
■ 12. Section 1812.301 is revised to read Government mission requirements so and
as follows: that a commercial venture is made (2) Whether the contractor may
1812.301 Solicitation provisions and viable. commence work prior to approval of the
contract clauses for the acquisition of * * * * * plan; or
commercial items. (3) To what extent the contractor may
(f)(i) The following clauses are PART 1813—SIMPLIFIED ACQUISITION commence work before the plan is
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authorized for use in acquisitions of PROCEDURES approved.
commercial items when required by the The requiring activity, in consultation
clause prescription: ■ 14. The authority citation for part with the cognizant health and safety
(A) 1852.204–75, Security 1813 is revised to read as follows: official(s), will identify the data
Classification Requirements. Authority: 51 U.S.C. 20113(a). deliverable requirements for the safety
(B) 1852.204–76, Security and health plan. After receiving the
Requirements for Unclassified 1813.000 [Removed] concurrence of the center safety and
Information Technology Resources. ■ 15. Section 1813.000 is removed. occupational health official(s), the
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![Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules 18583
contracting officer shall incorporate the add in their place the words ‘‘The requested indemnification in order to
plan as an attachment into the contract. contracting officer’’. allow sufficient time for the request to
* * * * * be reviewed, analyzed, and approved by
1833.215 [Amended] the Agency. Contractors shall submit a
(f) The contracting officer shall insert
■21. In section 1833.215, remove the single request and shall ensure that
the clause at 1852.223–72, Safety and
word ‘‘agency’’ and add in its place the duplicate requests are not submitted by
Health (Short Form) in solicitations and
word ‘‘Agency’’. associated divisions, subsidiaries, or
contracts above the simplified
acquisition threshold when work will be central offices of the contractor.
PART 1836—CONSTRUCTION AND
conducted completely or partly on (ii) The Contractor’s request for
ARCHITECT–ENGINEER CONTRACTS
Federally-controlled facilities and that indemnification must identify a
do not contain the clause at 1852.223– ■ 22. The authority citation for part sufficient factual basis for
73 or the FAR clause at 52.236–13 with 1836 is revised to read as follows: indemnification by explaining
its Alternate I. Authority: 51 U.S.C. 20113(a).
specifically what work activities under
the contract create the unusually
PART 1833—PROTESTS, DISPUTES, ■ 23. Section 1836.513 is revised to read hazardous or nuclear risk and
AND APPEALS as follows: identifying the timeframes in which the
1836.513 Accident prevention. risk would be incurred.
■ 18. The authority citation for part (iii) The contractor shall also provide
1833 is revised to read as follows: For additional guidance on the use of
evidence, such as a certificate of
FAR clause 52.236–13, Accident
Authority: 51 U.S.C. 20113(a). insurance or other customary proof of
Prevention, and its Alternate I in NASA
■ 19. Section 1833.103 is revised to read insurance, that such insurance is either
contracts, see 1823.7001(d).
as follows: in force or is available and will be in
PART 1850—EXTRAORDINARY force during the indemnified period.
1833.103 Protests to the agency. (b) Action on indemnification
CONTRACTUAL ACTIONS AND THE
(d)(4) The provision at 1852.233–70 SAFETY ACT requests. (1) If recommending approval,
provides for an alternative to a protest the contracting officer shall forward the
to the United States Government ■ 24. The authority citation for part required information to the NASA
Accountability Office (GAO). This 1850 is added to read as follows: Headquarters Office of Procurement,
alternative gives bidders or offerors the Authority: 51 U.S.C. 20113(a). Program Operations Division, along
ability to protest directly to the with the following:
contracting officer (CO) or to request an 1850.103–570 [Amended] (i) For contracts of five years duration
independent review by the Assistant ■ 25. In section 1850.103–570, or longer, a determination, with
Administrator for Procurement (or paragraph (a), remove the words supporting rationale, whether the
designee). The Agency review shall be ‘‘Associate General Counsel for General indemnification approval and insurance
deemed to be at the CO level when the Law’’ and add in their place the words coverage and premiums should be
request is silent as to the level of review ‘‘Associate General Counsel for reviewed for adequacy and continued
desired. The Agency review shall be Contracts and Procurement Law’’. validity at points in time within the
deemed to be at the level of the extended contract period.
1850.103–670 [Amended]
Assistant Administrator for (ii) The specific definition of the
Procurement (or designee) when the ■ 26. In section 1850.103–670, unusually hazardous risk to which the
request specifies a level above the CO, paragraph (b), remove the words contractor is exposed in the
even if the request doesn’t specifically ‘‘Associate General Counsel for General performance of the contract(s),
request an independent review by the Law’’ and add in their place the words including specificity about which
Assistant Administrator for ‘‘Associate General Counsel for activities present such risk and the
Procurement. Such reviews are separate Contracts and Procurement Law’’. anticipated timeframes in which the risk
■ 27. Section 1850.104–2 is added to
and distinct from the Ombudsman will be incurred;
Program described at 1815.7001. read as follows: (iv) A complete discussion of the
(e) NASA shall summarily dismiss 1850.104–2 General. contractor’s financial protection
and take no further action upon any (a) Requests for the exercise of program; and
protest to the Agency if the substance of residual powers shall be sent to the (vi) The extent to, and conditions
the protest is pending in judicial Headquarters Office of Procurement, under, which indemnification is being
proceedings or the protester has filed a Program Operations Division for review approved for subcontracts.
protest on the same acquisition with the and processing. The NASA (2) The NASA Administrator is the
GAO prior to receipt of an Agency Administrator is the approval authority approval authority for using the
protest decision. for the Memorandum of Decision. indemnification clause in a contract by
(4) When a bidder or offeror submits ■ 28. Section 1850.104–3 is revised to a Memorandum of Decision.
an Agency protest to the CO or read as follows: (4)(ii) If approving subcontractor
alternatively requests an independent indemnification, the contracting officer
review by the Assistant Administrator 1850.104–3 Special procedures for shall document the file with a
for Procurement, the decision of the CO unusually hazardous or nuclear risks. memorandum for record addressing the
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or the Assistant Administrator for (a) Indemnification requests. (1) items set forth in FAR 50.104–3(b) and
Procurement shall be final and is not Contractor indemnification requests include an analysis of the
subject to any appeal or reconsideration must be submitted to the cognizant subcontractor’s financial protection
within NASA. contracting officer for the contract for program. In performing this analysis,
which the indemnification clause is the contracting officer shall take into
1833.106–70 [Amended] requested. The request shall be consideration the availability, cost,
■ 20. In section 1833.106–70, remove submitted six (6) months in advance of terms and conditions of insurance in
the words ‘‘Contracting officers’’ and the desired effective date of the relation to the unusually hazardous risk.
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![18584 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules
■ 29. Section 1850.104–4 is added to (d) This plan, as approved by the habitat of the Florida Manatee. The KSC
read as follows: Contracting Officer, will be incorporated into Environmental Management Branch will
any resulting contract. advise all personnel associated with the
1850.104–4 Contract clause. project of the potential presence of manatees
The contracting officer shall obtain (End of clause) in the work area, and the need to avoid
the NASA Administrator’s approval ALTERNATE I (XX/XX) collisions and/or harassment of the manatees.
prior to including clause 52.250–1 in a Contractors shall ensure that all employees,
As prescribed in 1823.7001(c)(1), delete the subcontractors, and other individuals
contract. first sentence in paragraph (a) of the basic associated with this contract and who are
provision and substitute the following: involved in vessel operations, dockside work,
1850.104–70 [Removed] The apparent low bidder, upon request by and selected disassembly functions are aware
■ 30. Section 1850.104–70 is removed. the Contracting Officer, shall submit a of the civil and criminal penalties for
detailed safety and occupational health plan. harming, harassing, or killing manatees.
PART 1852—SOLICITATION The plan shall be submitted within the time (b) All contractor personnel shall be
PROVISIONS AND CONTRACT specified by the Contracting Officer. Failure responsible for complying with all applicable
CLAUSES to submit an acceptable plan shall make the Federal and/or state permits (e.g., Florida
bidder ineligible for the award of a contract. Department of Environmental Protection, St.
■ 31. The authority citation for part
■ 33. Section 1852.233–70 is revised to Johns River Water Management District, Fish
1852 is revised to read as follows: & Wildlife Service) in performing water-
read as follows:
Authority: 51 U.S.C. 20113(a). related activities within the contract. Where
1852.233–70 Protests to NASA. no Federal and/or state permits are required
■ 32. Sections 1852.223–72 and
As prescribed in 1833.106–70, insert for said contract, and the contract scope
1852.223–73 are revised to read as requires activities within waters at KSC, the
follows: the following provision:
Contractor shall obtain a KSC Manatee
PROTESTS TO NASA (XX/XX) Protection Permit from the Environmental
1852.223–72 Safety and Health (Short
Form). (a) In lieu of a protest to the United States Management Branch. All conditions of
Government Accountability Office (GAO), Federal, state, and/or KSC regulations and
As prescribed in 1823.7001(f), insert permits for manatee protection shall be
bidders or offerors may submit a protest
the following clause: under 48 CFR part 33 (FAR part 33) directly binding to the contract. Notification and
SAFETY AND HEALTH (SHORT FORM) to the Contracting Officer for consideration coordination of all water related activities at
(XX/XX) by the Agency. Alternatively, bidders or KSC will be done through the Environmental
offerors may request an independent review Management Branch.
(a) Safety is the freedom from those (c) The Contractor shall incorporate the
conditions that can cause death, injury, by the Assistant Administrator for
Procurement, who will serve as or designate provisions of this clause in applicable
occupational illness; damage to or loss of subcontracts.
equipment or property, or damage to the the official responsible for conducting an
environment. NASA is committed to independent review. Such reviews are
(End of clause)
protecting the safety and health of the public, separate and distinct from the Ombudsman
Program described at 1815.7001. [FR Doc. 2015–07737 Filed 4–6–15; 8:45 am]
our team members, and those assets that the
Nation entrusts to the Agency. (b) Bidders or offerors shall specify BILLING CODE 7510–13–P
(b) The Contractor shall have a whether they are submitting a protest to the
documented, comprehensive and effective Contracting Officer or requesting an
health and safety program with a proactive independent review by the Assistant
DEPARTMENT OF COMMERCE
process to identify, assess, and control Administrator for Procurement.
hazards and take all reasonable safety and (c) Protests to the Contracting Officer shall
National Oceanic and Atmospheric
occupational health measures consistent with be submitted to the address or email
specified in the solicitation (email is an Administration
standard industry practice in performing this
contract acceptable means for submitting a protest to
(c) The Contractor shall insert the the Contracting Officer). Alternatively, 50 CFR Part 229
substance of this clause, including this requests for independent review by the [Docket No. 150122067–5229–01]
paragraph (c) in subcontracts that exceed the Assistant Administrator for Procurement
simplified acquisition threshold where work shall be addressed to the Assistant RIN 0648–BE83
will be conducted completely or partly on Administrator for Procurement, NASA
Federally-controlled facilities. Headquarters, Washington, DC 20456–0001. Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
(End of clause) (End of provision) Atlantic Large Whale Take Reduction
1852.223–73 Safety and Health Plan. ■ 34. Section 1852.247–71 is revised to Plan Regulations; Correction
As prescribed in 1823.7001(c), insert read as follows:
AGENCY: National Marine Fisheries
the following clause: 1852.247–71 Protection of the Florida Service (NMFS), National Oceanic and
SAFETY AND HEALTH PLAN (XX/XX) Manatee. Atmospheric Administration (NOAA),
(a) The offeror shall submit a detailed As prescribed in 1847.7001, insert the Commerce.
safety and occupational health plan as part following clause: ACTION: Proposed rule; request for
of its proposal. The plan shall include a comments; correction.
PROTECTION OF THE FLORIDA MANATEE
detailed discussion of the policies,
procedures, and techniques that will be used (XX/XX) SUMMARY: NMFS published a proposed
to ensure the safety and occupational health (a) Pursuant to the Endangered Species Act rule in the Federal Register on March
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of Contractor employees and to ensure the of 1973 (Pub. L. 93–205), as amended, and 19, 2015, to amend the regulations
safety of all working conditions throughout the Marine Mammals Protection Act of 1972 implementing the Atlantic Large Whale
the performance of the contract. (Pub. L. 92–522), the Florida Manatee Take Reduction Plan. This action
(b) The plan shall similarly address (Trichechus Manatus) has been designated an
subcontractor employee safety and endangered species, and the Indian River
proposed to change the minimum
occupational health for those proposed Lagoon system within and adjacent to number of traps per trawl to allow
subcontracts or subcontract effort where the National Aeronautics and Space fishing with a single trap in certain
work will be conducted completely or partly Administration’s (NASA’s) Kennedy Space Massachusetts and Rhode Island state
on a Federally-controlled facility Center (KSC) has been designated as a critical waters; and proposed to modify the
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Document Created: 2018-02-21 10:05:12
Document Modified: 2018-02-21 10:05:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Contact | Cynthia Boots, NASA, Office of Procurement, email: [email protected] | |
| FR Citation | 80 FR 18580 | |
| RIN Number | 2700-AE19 | |
| CFR Citation | 48
CFR
1801 48 CFR 1802 48 CFR 1805 48 CFR 1807 48 CFR 1812 48 CFR 1813 48 CFR 1823 48 CFR 1833 48 CFR 1836 48 CFR 1847 48 CFR 1850 48 CFR 1852 |
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