80_FR_52123 80 FR 51957 - NASA Federal Acquisition Regulation Supplement: NASA Capitalization Threshold (NFS Case 2015-N004)

80 FR 51957 - NASA Federal Acquisition Regulation Supplement: NASA Capitalization Threshold (NFS Case 2015-N004)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 166 (August 27, 2015)

Page Range51957-51959
FR Document2015-21101

The National Aeronautics and Space Administration (NASA) is issuing an interim rule amending the NASA FAR Supplement to increase the NASA capitalization threshold from $100,000 to $500,000.

Federal Register, Volume 80 Issue 166 (Thursday, August 27, 2015)
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51957-51959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21101]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1845 and 1852

RIN 2700-AE23


NASA Federal Acquisition Regulation Supplement: NASA 
Capitalization Threshold (NFS Case 2015-N004)

AGENCY: National Aeronautics and Space Administration.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: The National Aeronautics and Space Administration (NASA) is 
issuing an interim rule amending the NASA FAR Supplement to increase 
the NASA capitalization threshold from $100,000 to $500,000.

DATES: Effective August 27, 2015.
    Comment Date: Comments on this interim rule should be submitted in 
writing to the address shown below on or before October 26, 2015 to be 
considered in the formation of the final rule.

ADDRESSES: Interested parties may submit comments identified by NFS 
Case 2015-N004, using any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``NFS Case 2015-N004'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NFS Case 
2015-N004.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NFS Case 2015-N004'' on your attached document.
    [cir] Email: [email protected]. Include NFS Case 2015-N004 in 
the subject line of the message.
    [cir] Fax: (202) 358-3082.
    [cir] Mail: National Aeronautics and Space Administration, 
Headquarters, Office of Procurement, Contract and Grant Policy 
Division, Attn: Andrew O'Rourke, Room 5L32, 300 E. Street SW., 
Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, NASA Office of 
Procurement, Contract and Grant Policy Division, 202-358-4560, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Statement of Federal Financial Accounting 
Standard (SFFAS) No. 6, Accounting for Property, Plant, and Equipment, 
federal agencies are to record as property and equipment all items that 
meet certain characteristics, such as a useful life of 2 years or more, 
and are permitted to establish individual capitalization thresholds and 
useful life policies due to their diverse size and uses of property, 
plant & equipment. SFFAS No. 6 was issued in November 1995 and was 
effective for fiscal years beginning after September 30, 1997. The 
current NASA capitalization threshold of $100,000, was established when 
SFFAS 6 was initially implemented and is in the NFS.
    The Government Accountability Office (GAO) recommends that 
capitalization thresholds should be periodically reevaluated to help 
ensure their continuing relevance and are tied to materiality as well, 
in that they generally are established at a level that would not omit a 
significant amount of assets from the balance sheet, which could 
materially misstate the financial statements of an entity or its 
components.
    Recently, the NASA Office of the Chief Financial Officer conducted 
a review of the current NASA capitalization threshold of $100,000 and 
based on this review it was determined to increase the capitalization 
threshold from $100,000 to $500,000.

II. Discussion

    This interim rule revises NFS parts 1845 and 1852 by increasing an 
already established NASA capitalization threshold from $100,000 to 
$500,000. Specifically, the proposed changes are as follows:
     Added a new paragraph (b) to section 1845.301-71.
     Changed capitalization threshold amount from $100,000 to 
$500,000 in sections 1845.7101-1, 1845.7101-2, 1845.7101-3, 1852.245-
70, and 1852.245-78.

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 rule is not a significant regulatory action under section 3(f) of 
Executive Order 12866. This rule is not a major rule under 5 U.S.C. 
804.

IV. Regulatory Flexibility Act

    NASA does not expect this interim 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 the objective of this interim rule is to increase the already 
established NASA capitalization threshold from $100,000 to $500,000. 
However, an initial regulatory flexibility analysis has been performed 
and is summarized as follows:
    The increase in the NASA capitalization threshold is expected to 
benefit NASA contractors by reducing the administrative burden 
associated with financial reporting of NASA property in the custody of 
contractors. The legal basis for this rule is 51 U.S.C. 20113(a).
    The requirements under this rule will apply to any contract award 
(including contracts for supplies, services, construction, and major 
systems) that

[[Page 51958]]

requires the use of Government property by contractors. According to 
NASA Property Records in FY 2014 there were 568 contracts that required 
reporting of Government property by NASA contractors. Of the 568 
contracts, it is estimated that approximately 20% or 114 contracts were 
small businesses.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. No alternatives were identified that would meet the 
objectives of the rule.
    NASA invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities. NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by this rule 
in accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (NASA Case 2015-N004), 
in correspondence.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) is applicable. 
However, the NFS changes do not impose information collection 
requirements that require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq. beyond those identified and 
approved as part of the FAR part 45 (Ref OMB Control No. 9000-0075) and 
under NASA OMB Control No. 2700-0017.

VI. Determination To Issue an Interim Rule

    A determination has been made by the Assistant Administrator for 
Procurement, pursuant to 41 U.S.C. 1707(d) that urgent and compelling 
reasons exist to justify promulgating this rule on an interim basis 
without prior opportunity for public comment. This interim rule is 
needed to prevent the continuation of the mandate of contractors having 
to submit reports at the current threshold specified in the NASA FAR 
Supplement while the NASA Financial Regulation requires reporting at a 
higher dollar threshold. This inconsistency of reporting threshold 
results in contractors incurring costs of reporting unnecessary 
information at taxpayer expense. Immediate implementation of this rule 
will reduce superfluous reporting burdens to contractors resulting in 
savings to both contractor and the Government. By increasing the NASA 
capitalization threshold, we estimate a reduction in reporting of 320 
assets resulting in an annual decrease in burden of 1,920 hours and 
approximately $148,000 in cost avoidance.
    The current NASA capital asset threshold of $100,000 was 
established when Statement of Federal Financial Accounting Standard 
(SFFAS) No. 6, Accounting for Property, Plant, and Equipment was 
initially implemented in 1997 and has not been adjusted in the NFS 
since that time. The Government Accountability Office (GAO) recommends 
that capital asset thresholds should be periodically reevaluated to 
ensure their continuing relevance and that they are established at a 
level that would not omit a significant amount of assets from the 
balance sheet. As such the NASA Office of the Chief Financial Officer 
conducted a review of the current NASA capital asset threshold of 
$100,000 and based on this review determined an increase in the capital 
asset threshold to $500,000 was warranted per NASA Interim Directive 
(NID) for NPR 9250.1, Property, Plant, and Equipment and Operating 
Materials and Supplies.
    The most effective and efficient way to ensure awareness of and 
compliance by contractors with this increase to the capital asset 
threshold reporting requirement is through an immediate regulatory 
change. Delaying promulgation of this increase to the capital asset 
threshold would cause contractors to continue reporting such assets at 
the lower threshold effectively maintaining this unnecessary 
administrative burden on the contractor and delaying contractor savings 
that would come from this reduced reporting requirement. Moreover, 
contractors would be providing information on capital assets that would 
not be used by NASA since the NID implementing this capital asset 
threshold increase within the NASA financial community is already in 
effect. Pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b), NASA will 
consider public comments received in response to this interim rule in 
the formation of the Agency's final rule.

List of Subjects in 48 CFR Parts 1845 and 1852

    Government procurement.

Manuel Quinones,
Federal Register Liaison.

    Accordingly, 48 CFR parts 1845 and 1852 are amended as follows:

PART 1845--GOVERNMENT PROPERTY

0
1. The authority citation for 48 CFR part 1845 is revised to read as 
follows:

    Authority: 51 U.S.C. 20113(a) and 41 U.S.C. chapter 1.


0
2. Amend section 1845.301-71 by adding paragraph (b) to read as 
follows:


1845.301-71  Use of Government property for commercial work.

* * * * *
    (b)(1) The Center Procurement Officer is the approval authority for 
non-Government use of equipment exceeding 25 percent.
    (2) The percentage of Government and non-Government use shall be 
computed on the basis of time available for use. For this purpose, the 
contractor's normal work schedule, as represented by scheduled 
production shift hours, shall be used. All equipment having a unit 
acquisition cost of less than $500,000 at any single location may be 
averaged over a quarterly period. Equipment having a unit acquisition 
cost of $500,000 or more shall be considered on an item-by-item basis.
    (3) Approvals for non-Government use, less than 25 percent, may not 
exceed 1 year. Approval for non-Government use in excess of 25 percent 
shall not exceed 3 months.
    (4) Requests for the approval shall be submitted to the Center 
Procurement Officer at least 6 weeks in advance of the projected use 
and shall include--
    (i) The number of equipment items involved and their total 
acquisition cost; and
    (ii) An itemized listing of equipment having an acquisition cost of 
$500,000 or more, showing for each item the nomenclature, year of 
manufacture, and acquisition cost.


1845.7101-1  [Amended]

0
3. Amend section 1845.7101-1 by removing ``100,000'' everywhere it 
appears and adding ``500,000'' in its place.


1845.7101-2  [Amended]

0
4. Amend section 1845.7101-2, in paragraph (a), by removing ``100,000'' 
and adding ``500,000'' in its place.

0
5. Amend section 1845.7101-3 by revising paragraph (f) to read as 
follows:


1845.7101-3  Unit acquisition cost.

* * * * *
    (f) Only modifications that improve an item's capacity or extend 
its useful life two years or more and that cost $500,000 or more shall 
be reported on the NF 1018 on the $500,000 & Over line. The costs of 
any other modifications, excluding routine maintenance, will be 
reported on the Under $500,000 line. If an item's original unit 
acquisition cost is less than $500,000, but a single subsequent 
modification costs $500,000 or more, that modification only will be 
reported as an item $500,000 or more on subsequent NF 1018s. The 
original acquisition cost of the item will

[[Page 51959]]

continue to be included in the under $500,000 total. The quantity for 
the modified item will remain ``1'' and be reported with the original 
acquisition cost of the item. If an item's acquisition cost is reduced 
by removal of components so that its remaining acquisition cost is 
under $500,000, it shall be reported as under $500,000.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
6. The authority citation for 48 CFR part 1852 is revised to read as 
follows:

    Authority:  51 U.S.C. 20113(a) and 41 U.S.C. chapter 1.


0
7. Amend section 1852.245-70 by revising the date of the clause, 
paragraphs (b)(1)(iv) and (v), and the date of the clause and 
introductory text for Alternate I to read as follows:


1852.245-70  Contractor requests for Government-provided equipment.

* * * * *

CONTRACTOR REQUESTS FOR GOVERNMENT-PROVIDED EQUIPMENT

AUG 2015

* * * * *
    (b) * * *
    (1) * * *
    (iv) Combine requests for quantities of items with identical 
descriptions and estimated values when the estimated values do not 
exceed $500,000 per unit; and
    (v) Include only a single unit when the acquisition or 
construction value equals or exceeds $500,000.
* * * * *

ALTERNATE I

AUG 2015

    As prescribed in 1845.107-70(a)(2), add the following paragraph 
(e).
* * * * *


1852.245-78  [Amended]

0
8. Amend section 1852.245-78 by removing ``JAN 2011'' and adding ``AUG 
2015'' in its place and in paragraph (a) removing ``100,000'' and 
adding ``500,000'' in its place.

[FR Doc. 2015-21101 Filed 8-26-15; 8:45 am]
 BILLING CODE 7510-13-P



                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                                51957

                                                                                          EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
                                                                            Applicable geographic
                                              Name of nonregulatory                                          State submittal
                                                                            area or nonattainment                                   EPA approval date                              Explanation
                                                 SIP provision                                                    date
                                                                                     area


                                                       *                       *                         *                      *                       *                      *                 *

                                             (41) Section 110(a)(2)        Statewide .....................        3/19/2013    8/27/2015 [Insert Fed-       This action addresses the visibility protection
                                               Infrastructure Require-                                                           eral Register cita-          portion of section 110(a)(2)(J) of the CAA.
                                               ments for the 2008 O3                                                             tion].
                                               NAAQS.



                                             [FR Doc. 2015–20892 Filed 8–26–15; 8:45 am]               Office of Procurement, Contract and                   threshold from $100,000 to $500,000.
                                             BILLING CODE 6560–50–P                                    Grant Policy Division, Attn: Andrew                   Specifically, the proposed changes are
                                                                                                       O’Rourke, Room 5L32, 300 E. Street                    as follows:
                                                                                                       SW., Washington, DC 20546–0001.                         • Added a new paragraph (b) to
                                             NATIONAL AERONAUTICS AND                                  FOR FURTHER INFORMATION CONTACT:                      section 1845.301–71.
                                             SPACE ADMINISTRATION                                      Andrew O’Rourke, NASA Office of                         • Changed capitalization threshold
                                                                                                       Procurement, Contract and Grant Policy                amount from $100,000 to $500,000 in
                                             48 CFR Parts 1845 and 1852                                Division, 202–358–4560, email:                        sections 1845.7101–1, 1845.7101–2,
                                                                                                       andrew.orourke@nasa.gov.                              1845.7101–3, 1852.245–70, and
                                             RIN 2700–AE23                                                                                                   1852.245–78.
                                                                                                       SUPPLEMENTARY INFORMATION:
                                             NASA Federal Acquisition Regulation                       I. Background                                         III. Executive Orders 12866 and 13563
                                             Supplement: NASA Capitalization                                                                                    Executive Orders (E.O.s) 12866 and
                                             Threshold (NFS Case 2015–N004)                               In accordance with the Statement of
                                                                                                       Federal Financial Accounting Standard                 13563 direct agencies to assess all costs
                                             AGENCY:  National Aeronautics and                         (SFFAS) No. 6, Accounting for Property,               and benefits of available regulatory
                                             Space Administration.                                     Plant, and Equipment, federal agencies                alternatives and, if regulation is
                                                                                                       are to record as property and equipment               necessary, to select regulatory
                                             ACTION: Interim rule.
                                                                                                       all items that meet certain                           approaches that maximize net benefits
                                             SUMMARY:   The National Aeronautics and                   characteristics, such as a useful life of             (including potential economic,
                                             Space Administration (NASA) is issuing                    2 years or more, and are permitted to                 environmental, public health and safety
                                             an interim rule amending the NASA                         establish individual capitalization                   effects, distributive impacts, and
                                             FAR Supplement to increase the NASA                       thresholds and useful life policies due               equity). E.O. 13563 emphasizes the
                                             capitalization threshold from $100,000                    to their diverse size and uses of                     importance of quantifying both costs
                                             to $500,000.                                              property, plant & equipment. SFFAS                    and benefits, of reducing costs, of
                                             DATES: Effective August 27, 2015.                         No. 6 was issued in November 1995 and                 harmonizing rules, and of promoting
                                                Comment Date: Comments on this                         was effective for fiscal years beginning              flexibility. This rule is not a significant
                                             interim rule should be submitted in                       after September 30, 1997. The current                 regulatory action under section 3(f) of
                                             writing to the address shown below on                     NASA capitalization threshold of                      Executive Order 12866. This rule is not
                                             or before October 26, 2015 to be                          $100,000, was established when SFFAS                  a major rule under 5 U.S.C. 804.
                                             considered in the formation of the final                  6 was initially implemented and is in                 IV. Regulatory Flexibility Act
                                             rule.                                                     the NFS.
                                                                                                          The Government Accountability                         NASA does not expect this interim
                                             ADDRESSES: Interested parties may                                                                               rule to have a significant economic
                                                                                                       Office (GAO) recommends that
                                             submit comments identified by NFS                         capitalization thresholds should be                   impact on a substantial number of small
                                             Case 2015–N004, using any of the                          periodically reevaluated to help ensure               entities within the meaning of the
                                             following methods:                                        their continuing relevance and are tied               Regulatory Flexibility Act, 5 U.S.C. 601,
                                                Æ Regulations.gov: http://                             to materiality as well, in that they                  et seq., because the objective of this
                                             www.regulations.gov. Submit comments                      generally are established at a level that             interim rule is to increase the already
                                             via the Federal eRulemaking portal by                     would not omit a significant amount of                established NASA capitalization
                                             entering ‘‘NFS Case 2015–N004’’ under                     assets from the balance sheet, which                  threshold from $100,000 to $500,000.
                                             the heading ‘‘Enter keyword or ID’’ and                   could materially misstate the financial               However, an initial regulatory flexibility
                                             selecting ‘‘Search.’’ Select the link                     statements of an entity or its                        analysis has been performed and is
                                             ‘‘Submit a Comment’’ that corresponds                     components.                                           summarized as follows:
                                             with ‘‘NFS Case 2015–N004.’’ Follow                          Recently, the NASA Office of the                      The increase in the NASA
                                             the instructions provided at the ‘‘Submit                 Chief Financial Officer conducted a                   capitalization threshold is expected to
                                             a Comment’’ screen. Please include your                   review of the current NASA                            benefit NASA contractors by reducing
                                             name, company name (if any), and                          capitalization threshold of $100,000 and              the administrative burden associated
                                             ‘‘NFS Case 2015–N004’’ on your                            based on this review it was determined                with financial reporting of NASA
                                             attached document.
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                                                                                                       to increase the capitalization threshold              property in the custody of contractors.
                                                Æ Email: Andrew.ORourke@                               from $100,000 to $500,000.                            The legal basis for this rule is 51 U.S.C.
                                             NASA.gov. Include NFS Case 2015–                                                                                20113(a).
                                             N004 in the subject line of the message.                  II. Discussion                                           The requirements under this rule will
                                                Æ Fax: (202) 358–3082.                                    This interim rule revises NFS parts                apply to any contract award (including
                                                Æ Mail: National Aeronautics and                       1845 and 1852 by increasing an already                contracts for supplies, services,
                                             Space Administration, Headquarters,                       established NASA capitalization                       construction, and major systems) that


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                                             51958            Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations

                                             requires the use of Government property                    The current NASA capital asset                     1845.301–71 Use of Government property
                                             by contractors. According to NASA                       threshold of $100,000 was established                 for commercial work.
                                             Property Records in FY 2014 there were                  when Statement of Federal Financial                   *       *    *    *     *
                                             568 contracts that required reporting of                Accounting Standard (SFFAS) No. 6,                       (b)(1) The Center Procurement Officer
                                             Government property by NASA                             Accounting for Property, Plant, and                   is the approval authority for non-
                                             contractors. Of the 568 contracts, it is                Equipment was initially implemented in                Government use of equipment
                                             estimated that approximately 20% or                     1997 and has not been adjusted in the                 exceeding 25 percent.
                                             114 contracts were small businesses.                    NFS since that time. The Government                      (2) The percentage of Government and
                                               The rule does not duplicate, overlap,                 Accountability Office (GAO)                           non-Government use shall be computed
                                             or conflict with any other Federal rules.               recommends that capital asset                         on the basis of time available for use.
                                             No alternatives were identified that                    thresholds should be periodically                     For this purpose, the contractor’s
                                             would meet the objectives of the rule.                  reevaluated to ensure their continuing                normal work schedule, as represented
                                               NASA invites comments from small                      relevance and that they are established               by scheduled production shift hours,
                                             business concerns and other interested                  at a level that would not omit a                      shall be used. All equipment having a
                                             parties on the expected impact of this                  significant amount of assets from the                 unit acquisition cost of less than
                                             rule on small entities. NASA will also                  balance sheet. As such the NASA Office                $500,000 at any single location may be
                                             consider comments from small entities                   of the Chief Financial Officer conducted              averaged over a quarterly period.
                                             concerning the existing regulations in                  a review of the current NASA capital                  Equipment having a unit acquisition
                                             subparts affected by this rule in                       asset threshold of $100,000 and based                 cost of $500,000 or more shall be
                                             accordance with 5 U.S.C. 610. Interested                on this review determined an increase                 considered on an item-by-item basis.
                                             parties must submit such comments                       in the capital asset threshold to                        (3) Approvals for non-Government
                                             separately and should cite 5 U.S.C. 610                 $500,000 was warranted per NASA                       use, less than 25 percent, may not
                                             (NASA Case 2015–N004), in                               Interim Directive (NID) for NPR 9250.1,               exceed 1 year. Approval for non-
                                             correspondence.                                         Property, Plant, and Equipment and                    Government use in excess of 25 percent
                                                                                                     Operating Materials and Supplies.                     shall not exceed 3 months.
                                             V. Paperwork Reduction Act                                 The most effective and efficient way                  (4) Requests for the approval shall be
                                                                                                     to ensure awareness of and compliance                 submitted to the Center Procurement
                                               The Paperwork Reduction Act (Pub.
                                                                                                     by contractors with this increase to the              Officer at least 6 weeks in advance of
                                             L. 104–13) is applicable. However, the                  capital asset threshold reporting                     the projected use and shall include—
                                             NFS changes do not impose information                   requirement is through an immediate                      (i) The number of equipment items
                                             collection requirements that require the                regulatory change. Delaying                           involved and their total acquisition cost;
                                             approval of the Office of Management                    promulgation of this increase to the                  and
                                             and Budget under 44 U.S.C. 3501, et                     capital asset threshold would cause                      (ii) An itemized listing of equipment
                                             seq. beyond those identified and                        contractors to continue reporting such                having an acquisition cost of $500,000
                                             approved as part of the FAR part 45 (Ref                assets at the lower threshold effectively             or more, showing for each item the
                                             OMB Control No. 9000–0075) and under                    maintaining this unnecessary                          nomenclature, year of manufacture, and
                                             NASA OMB Control No. 2700–0017.                         administrative burden on the contractor               acquisition cost.
                                             VI. Determination To Issue an Interim                   and delaying contractor savings that
                                                                                                                                                           1845.7101–1       [Amended]
                                             Rule                                                    would come from this reduced reporting
                                                                                                     requirement. Moreover, contractors                    ■ 3. Amend section 1845.7101–1 by
                                               A determination has been made by                      would be providing information on                     removing ‘‘100,000’’ everywhere it
                                             the Assistant Administrator for                         capital assets that would not be used by              appears and adding ‘‘500,000’’ in its
                                             Procurement, pursuant to 41 U.S.C.                      NASA since the NID implementing this                  place.
                                             1707(d) that urgent and compelling                      capital asset threshold increase within
                                             reasons exist to justify promulgating this                                                                    1845.7101–2       [Amended]
                                                                                                     the NASA financial community is
                                             rule on an interim basis without prior                  already in effect. Pursuant to 41 U.S.C.              ■ 4. Amend section 1845.7101–2, in
                                             opportunity for public comment. This                    1707 and FAR 1.501–3(b), NASA will                    paragraph (a), by removing ‘‘100,000’’
                                             interim rule is needed to prevent the                   consider public comments received in                  and adding ‘‘500,000’’ in its place.
                                             continuation of the mandate of                          response to this interim rule in the                  ■ 5. Amend section 1845.7101–3 by
                                             contractors having to submit reports at                 formation of the Agency’s final rule.                 revising paragraph (f) to read as follows:
                                             the current threshold specified in the
                                             NASA FAR Supplement while the                           List of Subjects in 48 CFR Parts 1845                 1845.7101–3       Unit acquisition cost.
                                             NASA Financial Regulation requires                      and 1852                                              *      *    *     *    *
                                             reporting at a higher dollar threshold.                   Government procurement.                                (f) Only modifications that improve
                                             This inconsistency of reporting                                                                               an item’s capacity or extend its useful
                                             threshold results in contractors                        Manuel Quinones,                                      life two years or more and that cost
                                             incurring costs of reporting unnecessary                Federal Register Liaison.                             $500,000 or more shall be reported on
                                             information at taxpayer expense.                          Accordingly, 48 CFR parts 1845 and                  the NF 1018 on the $500,000 & Over
                                             Immediate implementation of this rule                   1852 are amended as follows:                          line. The costs of any other
                                             will reduce superfluous reporting                                                                             modifications, excluding routine
                                             burdens to contractors resulting in                     PART 1845—GOVERNMENT                                  maintenance, will be reported on the
                                             savings to both contractor and the                      PROPERTY                                              Under $500,000 line. If an item’s
                                             Government. By increasing the NASA                                                                            original unit acquisition cost is less than
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                                                                                                     ■ 1. The authority citation for 48 CFR
                                             capitalization threshold, we estimate a                                                                       $500,000, but a single subsequent
                                                                                                     part 1845 is revised to read as follows:
                                             reduction in reporting of 320 assets                                                                          modification costs $500,000 or more,
                                             resulting in an annual decrease in                        Authority: 51 U.S.C. 20113(a) and 41                that modification only will be reported
                                             burden of 1,920 hours and                               U.S.C. chapter 1.                                     as an item $500,000 or more on
                                             approximately $148,000 in cost                          ■ 2. Amend section 1845.301–71 by                     subsequent NF 1018s. The original
                                             avoidance.                                              adding paragraph (b) to read as follows:              acquisition cost of the item will


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                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                        51959

                                             continue to be included in the under                    DEPARTMENT OF COMMERCE                                regulations. NMFS is required under
                                             $500,000 total. The quantity for the                                                                          ATCA and the Magnuson-Stevens Act to
                                             modified item will remain ‘‘1’’ and be                  National Oceanic and Atmospheric                      provide U.S. fishing vessels with a
                                             reported with the original acquisition                  Administration                                        reasonable opportunity to harvest the
                                             cost of the item. If an item’s acquisition                                                                    ICCAT-recommended quota.
                                             cost is reduced by removal of                           50 CFR Part 635
                                                                                                                                                              The currently codified baseline U.S.
                                             components so that its remaining                        [Docket No. 120328229–4949–02]                        quota is 923.7 mt (not including the 25
                                             acquisition cost is under $500,000, it                                                                        mt ICCAT allocated to the United States
                                             shall be reported as under $500,000.                    RIN 0648–XE095
                                                                                                                                                           to account for bycatch of BFT in pelagic
                                             *     *     *     *      *                              Atlantic Highly Migratory Species;                    longline fisheries in the Northeast
                                                                                                     Atlantic Bluefin Tuna Fisheries                       Distant Gear Restricted Area). Among
                                             PART 1852—SOLICITATION                                                                                        other things, Amendment 7 revised the
                                             PROVISIONS AND CONTRACT                                 AGENCY:  National Marine Fisheries                    allocations to all quota categories,
                                             CLAUSES                                                 Service (NMFS), National Oceanic and                  effective January 1, 2015. See
                                                                                                     Atmospheric Administration (NOAA),                    § 635.27(a). The currently codified
                                             ■ 6. The authority citation for 48 CFR                  Commerce.                                             General category quota is 403 mt. Each
                                             part 1852 is revised to read as follows:                ACTION: Temporary rule; inseason                      of the General category time periods
                                               Authority: 51 U.S.C. 20113(a) and 41
                                                                                                     General category retention limit                      (‘‘January,’’ June through August,
                                             U.S.C. chapter 1.
                                                                                                     adjustment.                                           September, October through November,
                                                                                                     SUMMARY:   NMFS is adjusting the                      and December) is allocated a portion of
                                             ■ 7. Amend section 1852.245–70 by                                                                             the annual General category quota. The
                                             revising the date of the clause,                        Atlantic bluefin tuna (BFT) General
                                                                                                     category daily retention limit from the               codified baseline General category
                                             paragraphs (b)(1)(iv) and (v), and the                                                                        subquotas include 106.8 mt for
                                                                                                     default limit of one large medium or
                                             date of the clause and introductory text                                                                      September, 52.4 mt for October through
                                                                                                     giant BFT to four large medium or giant
                                             for Alternate I to read as follows:                     BFT for the September, October through                November, and 21 mt for December.
                                             1852.245–70 Contractor requests for                     November, and December subquota time                  NMFS transferred 21 mt of BFT quota
                                             Government-provided equipment.                          periods of the 2015 fishing year. This                from the December 2015 subquota to the
                                                                                                     action is based on consideration of the               January 2015 subquota period (79 FR
                                             *      *     *       *      *
                                                                                                     regulatory determination criteria                     77943, December 29, 2014).
                                             CONTRACTOR REQUESTS FOR                                 regarding inseason adjustments, and                      Unless changed, the General category
                                             GOVERNMENT–PROVIDED EQUIPMENT                           applies to Atlantic tunas General                     daily retention limit starting on
                                             AUG 2015                                                category (commercial) permitted vessels               September 1 would be the default
                                                                                                     and Highly Migratory Species (HMS)
                                             *      *     *       *      *                                                                                 retention limit of one large medium or
                                                                                                     Charter/Headboat category permitted
                                                (b) * * *                                                                                                  giant BFT (measuring 73 inches (185
                                                                                                     vessels when fishing commercially for
                                                (1) * * *                                                                                                  cm) curved fork length (CFL) or greater)
                                                                                                     BFT.
                                                (iv) Combine requests for quantities of                                                                    per vessel per day/trip (§ 635.23(a)(2)).
                                             items with identical descriptions and                   DATES:  Effective September 1, 2015,                  This default retention limit would apply
                                             estimated values when the estimated values              through December 31, 2015.                            to General category permitted vessels
                                             do not exceed $500,000 per unit; and                    FOR FURTHER INFORMATION CONTACT:                      and to HMS Charter/Headboat category
                                                (v) Include only a single unit when the              Sarah McLaughlin or Brad McHale,                      permitted vessels when fishing
                                             acquisition or construction value equals or             978–281–9260.                                         commercially for BFT.
                                             exceeds $500,000.                                       SUPPLEMENTARY INFORMATION:                               For the 2014 fishing year, NMFS
                                             *      *     *       *      *                           Regulations implemented under the                     adjusted the General category limit from
                                             ALTERNATE I
                                                                                                     authority of the Atlantic Tunas                       the default level of one large medium or
                                                                                                     Convention Act (ATCA; 16 U.S.C. 971 et                giant BFT as follows: Two large medium
                                             AUG 2015                                                seq.) and the Magnuson-Stevens Fishery                or giant BFT for January (78 FR 77362,
                                               As prescribed in 1845.107–70(a)(2), add               Conservation and Management Act
                                                                                                                                                           December 23, 2013), four large medium
                                             the following paragraph (e).                            (Magnuson-Stevens Act; 16 U.S.C. 1801
                                                                                                                                                           or giant BFT for June through August
                                             *      *     *       *      *                           et seq.) governing the harvest of BFT by
                                                                                                                                                           (79 FR 30745, May 29, 2014), and four
                                                                                                     persons and vessels subject to U.S.
                                                                                                     jurisdiction are found at 50 CFR part                 large medium or giant BFT for
                                             1852.245–78      [Amended]
                                                                                                     635. Section 635.27 subdivides the U.S.               September through December (79 FR
                                             ■  8. Amend section 1852.245–78 by                      BFT quota recommended by the                          50854, August 26, 2014). NMFS
                                             removing ‘‘JAN 2011’’ and adding ‘‘AUG                  International Commission for the                      adjusted the daily retention limit for the
                                             2015’’ in its place and in paragraph (a)                Conservation of Atlantic Tunas (ICCAT)                2015 January subquota period from the
                                             removing ‘‘100,000’’ and adding                         among the various domestic fishing                    default level of one large medium or
                                             ‘‘500,000’’ in its place.                               categories, per the allocations                       giant BFT to three large medium or giant
                                             [FR Doc. 2015–21101 Filed 8–26–15; 8:45 am]             established in the 2006 Atlantic                      BFT in the same action as the 21-mt
                                                                                                     Consolidated Highly Migratory Species                 transfer from the December 2015
                                             BILLING CODE 7510–13–P
                                                                                                     Fishery Management Plan (2006                         subquota period to the January 2015
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                     Consolidated HMS FMP) (71 FR 58058,                   subquota period described above (79 FR
                                                                                                     October 2, 2006), as amended by                       77943, December 29, 2014). For the June
                                                                                                     Amendment 7 to the 2006 Consolidated                  through August 2015 subquota period,
                                                                                                     HMS FMP (Amendment 7) (79 FR                          NMFS adjusted the daily retention limit
                                                                                                     71510, December 2, 2014), and in                      to four large medium or giant BFT (80
                                                                                                     accordance with implementing                          FR 27863, May 15, 2015).


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Document Created: 2015-12-15 10:52:49
Document Modified: 2015-12-15 10:52:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule.
DatesEffective August 27, 2015.
ContactAndrew O'Rourke, NASA Office of Procurement, Contract and Grant Policy Division, 202-358-4560, email: [email protected]
FR Citation80 FR 51957 
RIN Number2700-AE23
CFR Citation48 CFR 1845
48 CFR 1852

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