80_FR_73902 80 FR 73675 - NASA FAR Supplement: Safety and Health Measures and Mishap Reporting

80 FR 73675 - NASA FAR Supplement: Safety and Health Measures and Mishap Reporting

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73675-73677
FR Document2015-29947

NASA is issuing a final rule to amend the NASA FAR Supplement (NFS) to revise a clause related to safety and health measures and mishaps reporting, reduce burden on contractors, and to provide guidance on specific safety and health measures that the contractor must take when working on a Federal facility, and the remedies the Government may take for failure to maintain an effective safety and health program. The revision is part of NASA's retrospective plan under Executive Order (EO) 13563 completed in August 2011.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015) 
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73675-73677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29947]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1823 and 1852

RIN 2700-AE16


NASA FAR Supplement: Safety and Health Measures and Mishap 
Reporting

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: NASA is issuing a final rule to amend the NASA FAR Supplement 
(NFS) to revise a clause related to safety and health measures and 
mishaps reporting, reduce burden on contractors, and to provide 
guidance on specific safety and health measures that the contractor 
must take when working on a Federal facility, and the remedies the 
Government may take for failure to maintain an effective safety and 
health program. The revision is part of NASA's retrospective plan under 
Executive Order (EO) 13563 completed in August 2011.

DATES: Effective: December 28, 2015.

FOR FURTHER INFORMATION CONTACT: Marilyn E. Chambers, NASA, Office of 
Procurement, telephone 202.358.5154.

SUPPLEMENTARY INFORMATION: 

I. Background

    NASA published a proposed rule in the Federal Register at 80 FR 
48284 on August 12, 2015, to revise both the prescription for and text 
of the clause at 1852.223-70, which was retitled from ``Safety and 
Health'' to ``Safety and Health Measures and Mishap Reporting'' to 
emphasize the purpose of the clause--requiring contractors working at 
Federal facilities to have measures in place to protect the safety of 
their workers, other individuals

[[Page 73676]]

working at the facility, and the public. To reduce the burden on 
contractors, the clause prescription was revised to require it in 
solicitations and contracts above the simplified action threshold and 
to require it only for contracts involving performance at a Federal 
facility. The applicability to subcontracts was also revised to apply 
to subcontracts above the simplified acquisition threshold where 
performance is at a Federal facility.
    Paragraph (b) of the clause lists safety and occupational health 
measures, recognized by the Office of Safety and Health Administration 
and industry, as standards for both identifying workplace hazards and 
for developing a plan for prevention and control of those hazards. 
These measures include maintaining an effective worksite safety and 
health program with organized and systematic methods to--
    1. Comply with Federal, State, and local safety and occupational 
health laws and with the safety and occupational health requirements of 
the contract;
    2. Describe and assign the responsibilities of managers, 
supervisors, and employees;
    3. Inspect regularly for and identify, evaluate, prevent, and 
control hazards;
    4. Orient and train employees to eliminate or avoid hazards; and
    5. Periodically review the program's effectiveness. Additionally, 
paragraph (b) added text concerning authorized Government 
representatives' rights to have access to and to examine the work site 
and related records under the contract in order to determine the 
adequacy of the Contractor's safety and occupational health measures. 
Paragraph (d) refers to NASA Procedural Requirement (NPR) 8621.1, 
Mishap and Close Call Reporting, Investigating, and Recordkeeping, 
which contains a listing and description of the types of mishaps (types 
A, B, C, or D) or close calls the contractor must report to the 
contracting officer. Paragraph (e) requires contractors to cooperate 
with any Government-authorized investigation by providing access to 
their employees and relevant information in their possession regarding 
the mishap or close call. Paragraph (f) states the Contracting Officer 
may notify the Contractor of any noncompliance with the health and 
safety requirements of the contract and require corrective action. If 
the contractor fails or refuses to take prompt corrective action, the 
Contracting Officer may--
    (1) Invoke the stop-work order clause;
    (2) Require the Contractor to remove and replace Contractor or 
subcontractor personnel who fail to comply with or violate applicable 
requirements;
    (3) Record the Contractor's failure to comply in the appropriate 
databases of past performance; and
    (4) Consider the Contractor's failure to comply in any 
responsibility determination or evaluation of past performance.
    Paragraph (g) requires the prime contractor to include the clause 
in subcontracts over the simplified acquisition threshold when the work 
will be conducted completely or partly on federally-controlled 
facilities.

II. Discussion and Analysis

    No public comments were received in response to the proposed rule. 
However, during internal deliberations a couple of minor changes were 
made. Section 1801.106(1) was revised to add new OMB control number 
2700-1060, which was assigned for reporting requirements at NFS 
1852.223-70. Additionally, paragraph (f)(1) of 1852.223-70 was revised 
to change the phrase ``the Contracting Officer shall'' to ``the 
Contracting Officer will'' and to remove the term ``any necessary.'' 
Paragraph (f) (2) was revised to remove ``in addition to other remedies 
available to the Government'' and add ``the contracting officer may'' 
with a list of four actions, previously listed in the proposed rule, 
enumerated and rephrased to clearly list the action to be taken: 
``invoke,'' ``require,'' ``record,'' and ``consider.'' No other 
revisions were made to the proposed rule.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health, and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    NASA has prepared a Final Regulatory Flexibility Analysis (FRFA) 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et se., 
and is summarized as follows:
    This rule revises NFS clause 1852.223-70 to reduce burden on 
contractors by (1) changing the applicability of the clause to only 
contracts over the simplified acquisition threshold and to only those 
performed on Federal facilities, and (2) by removing reporting 
requirements relating to mishap investigations and health and safety 
plans. The clause also provides guidance on specific safety and health 
measures the contractor must take when working on a Federal facility, 
and the remedies the Government may take for failure to maintain an 
effective safety and health program.
    No comments were received on the initial regulatory flexibility 
analysis from small business concerns or other interested parties.
    This rule will apply to small entities performing NASA contracts 
with an estimated value over the simplified acquisition threshold on 
Federal Facilities. The System for Award Management (SAM) data shows 
approximately 154 firms received contracts to which this clause will 
apply. Of those 154 firms, 84 were small businesses.
    Two reporting requirements are contained in the rule. One is to 
notify the contracting officer of mishaps (types A, B, C, or D) or 
close calls as described in NASA Procedural Requirement (NPR) 8621.1, 
Mishap and Close Call Reporting, Investigating, and Recordkeeping. The 
other is to provide a quarterly report on the number of mishaps, 
specifying lost time frequency rate, number of lost time injuries, 
exposure, and accident/incident dollar losses. This information is 
collected so that NASA can analyze mishap data to look for mishap 
trends and determine ways to improve the safety of its workforce and 
high-value assets and reduce the risk to its missions. This mishap 
information would be initially collected by a company manager or 
supervisor. It may be reviewed by the firm's official responsible for 
safety, usually an occupational health and safety. Lost time frequency 
rate, number of lost time injuries, exposure, and accident/incident 
dollar losses reports would be prepared by a safety official.
    The revisions to NFS clause 1852.223-70 are designed to reduce 
burden on contractors by reducing the applicability of the clause and 
reducing the paperwork burden. The information requested in the clause 
is essential to the NASA health and safety program. Further and 
differing compliance alternatives or reporting requirements or 
timetables for small entities are not feasible. Having an effective 
safety program is crucial to all businesses as it

[[Page 73677]]

reduces injuries, lost time, property damage and creates a more safe 
and effective workplace for employees.

V. Paperwork Reduction Act

    The rule contains 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). OMB has cleared this information 
collection requirement under OMB Control Number 2700-0160, titled: 
Safety and Health Measures and Mishap Reporting.

List of Subjects in 48 CFR 1801, 1823, and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1801, 1823 and 1852 are 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) and 48 CFR chapter 1.


0
2. Section 1801.106 is revised to read as follows:


801.106   OMB approval under the Paperwork Reduction Act.

    (1) NFS requirements. The following OMB control numbers apply:

------------------------------------------------------------------------
                                                            OMB Control
                       NFS Segment                              No.
------------------------------------------------------------------------
1823....................................................       2700-0089
1852.223-70.............................................       2700-0160
1827....................................................       2700-0052
1843....................................................       2700-0054
NF 533..................................................       2700-0003
NF 1018.................................................       2700-0017
------------------------------------------------------------------------

PART 1823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

0
3. The authority citation for part 1823 is revised to read as follows:

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


0
4. Amend section 1823.7001 by revising paragraphs (a) and (b) to read 
as follows:


1823.7001   NASA solicitation provisions and contract clauses.

    (a) Insert the clause at 1852.223-70, Safety and Health Measures 
and Mishap Reporting, in solicitations and contracts above the 
simplified acquisition threshold when the work will be conducted 
completely or partly on federally-controlled facilities.
    (b) The clause prescribed in paragraph (a) of this section may be 
excluded with the approval of the installation official(s) responsible 
for matters of safety and occupational health.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. The authority citation for part 1852 continues to read as follows:

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


1852.2   [Amended]

0
6. Amend subpart 1852.2 by removing ``1852.223-70 Safety and health'' 
and adding ``1852.223-70 Safety and Health Measures and Mishap 
Reporting'' in its place.
0
7. Revise section 1852.223-70 to read as follows:


1852.223-70   Safety and Health Measures and Mishap Reporting.

    As prescribed in 1823.7001(a), insert the following clause:

    SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC 2015)
    (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's safety priority is 
to protect: (1) The public, (2) astronauts and pilots, (3) the NASA 
workforce (including contractor employees working on NASA 
contracts), and (4) high-value equipment and property.
    (b) The Contractor shall take all reasonable safety and 
occupational health measures in performing this contract. The 
Contractor shall maintain an effective worksite safety and health 
program with organized and systematic methods to--
    (1) Comply with Federal, State, and local safety and 
occupational health laws and with the safety and occupational health 
requirements of this contract;
    (2) Describe and assign the responsibilities of managers, 
supervisors, and employees;
    (3) Inspect regularly for and identify, evaluate, prevent, and 
control hazards;
    (4) Orient and train employees to eliminate or avoid hazards; 
and
    (5) Periodically review the program's effectiveness. Authorized 
Government representatives shall have access to and the right to 
examine the work site and related records under this Contract in 
order to determine the adequacy of the Contractor's safety and 
occupational health measures.
    (c) The Contractor shall take, or cause to be taken, any other 
safety, and occupational health-measures the Contracting Officer may 
reasonably direct. To the extent that the Contractor may be entitled 
to an equitable adjustment for those measures under the terms and 
conditions of this contract, the equitable adjustment shall be 
determined pursuant to the procedures of the changes clause of this 
contract; provided, that no adjustment shall be made under this 
Safety and Health clause for any change for which an equitable 
adjustment is expressly provided under any other clause of the 
contract.
    (d) The Contractor shall immediately notify the Contracting 
Officer or a designee any Type A, B, C, or D Mishap, or close calls 
as defined in NASA Procedural Requirement (NPR) 8621.1, Mishap and 
Close Call Reporting, Investigating, and Recordkeeping. In addition, 
service contractors (excluding construction contracts) shall provide 
quarterly reports specifying lost-time frequency rate, number of 
lost-time injuries, exposure, and accident/incident dollar losses as 
specified in the contract Schedule.
    (e) The Contractor shall cooperate with any Government-
authorized investigation of Type A, B, C, or D Mishaps, or Close 
Calls reported pursuant to paragraph (d) of this clause by providing 
access to employees; and relevant information in the possession of 
the Contractor regarding the mishap or close call.
    (f)(1) The Contracting Officer may notify the Contractor of any 
noncompliance with this clause and specify corrective actions to be 
taken. When the Contracting Officer becomes aware of noncompliance 
that may pose a serious or imminent danger to safety and health of 
the public, astronauts and pilots, the NASA workforce (including 
contractor employees working on NASA contracts), or high value 
mission critical equipment or property, the Contracting Officer will 
notify the Contractor orally, with written confirmation. The 
Contractor shall promptly take corrective action.
    (2) If the Contractor fails or refuses to institute prompt 
corrective action in accordance with subparagraph (f)(1) of this 
clause, the Contracting Officer may--
    (i) Invoke the stop-work order clause in this contract;
    (ii) Require the Contractor to remove and replace Contractor or 
subcontractor personnel who fail to comply with or violate 
applicable requirements of this clause;
    (iii) Record the Contractor's failure to comply in the 
appropriate databases of past performance; and
    (iv) Consider the Contractor's failure to comply in any 
responsibility determination or evaluation of past performance.
    (g) The Contractor shall insert the substance of this clause, 
including this paragraph (g) in all subcontracts above the 
simplified acquisition threshold when the work will be conducted 
completely or partly on federally-controlled facilities.
    (End of clause)
[FR Doc. 2015-29947 Filed 11-24-15; 8:45 am]
 BILLING CODE 7510-13-P

Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations 73675 DATES: 47 CFR 96.17(d); 96.21(a)(3); Public Law 104–13, October 1, 1995, spectrum sharing between commercial 96.23(b); 96.33(b); 96.35(e); 96.39(a), and 44 U.S.C. 3507. and federal users and among multiple (c)–(g); 96.41(d)(1); 96.43(b); 96.45(b); The total annual reporting burdens tiers of commercial users. The order 96.45(d), 96.51; 96.57(a)–(c); 96.59(a); and costs for the respondents are as creates a Spectrum Access System 96.61; 96.63; and 96.67(b)–(c), follows: (SAS), an online database that will published at 80 FR 36163, June 23, OMB Control Number: 3060–1211. manage and coordinate frequency use in 2015, are effective on December 16, OMB Approval Date: November 9, the band through registration and other 2015. 2015. technical information. The SAS will use OMB Expiration Date: November 30, the information to assign frequencies, FOR FURTHER INFORMATION CONTACT: 2018. manage interference, and authorize Cathy Williams, Cathy.Williams@ Title: Sections 96.17; 96.21; 96.23; spectrum use. The Commission will use fcc.gov, (202) 418–2918. 96.33; 96.35; 96.39; 96.41; 96.43; 96.45; the information to authorize the SAS SUPPLEMENTARY INFORMATION: This 96.51; 96.57; 96.59; 96.61; 96.63; and Administrator(s) and ESC operator(s). document announces that, on November 96.67, Commercial Operations in the Federal Communications Commission. 9, 2015, OMB approved the revised 3550–3650 MHz Band. Form Number: Not applicable. Marlene H. Dortch, information collection requirements contained in the Commission’s Report Type of Review: New information Secretary. and Order, FCC 15–47, published at 80 collection. [FR Doc. 2015–29921 Filed 11–24–15; 8:45 am] FR 36163, June 23, 2015. The OMB Respondents: Business or other for- BILLING CODE 6712–01–P Control Number is 3060–1211. The profit entities, Not for profit institutions Commission publishes this document as and State, Local or Tribal Governments. an announcement of the effective date of Number of Respondents and NATIONAL AERONAUTICS AND the requirements. If you have any Responses: 110,782 respondents; SPACE ADMINISTRATION comments on the burden estimates 136,432 responses. listed below, or how the Commission Estimated Time per Response: 0–.5 48 CFR Parts 1823 and 1852 can improve the collections and reduce hours. RIN 2700–AE16 any burdens caused thereby, please Frequency of Response: One-time and contact Cathy Williams, Federal on occasion reporting requirements; NASA FAR Supplement: Safety and Communications Commission, Room 1– other reporting requirements—as Health Measures and Mishap C823, 445 12th Street SW., Washington, needed basis for the equipment safety Reporting DC 20554. Please include the OMB certifications, and consistently (likely daily) responses automated via the AGENCY: National Aeronautics and Control Number, 3060–1211 in your Space Administration. correspondence. The Commission will device. Obligation to Respond: Required to ACTION: Final rule. also accept your comments via email at PRA@fcc.gov. obtain or retain benefits. The statutory authority for this collection is contained SUMMARY: NASA is issuing a final rule To request materials in accessible in 47 U.S.C. 151, 152, 154(i), 154(j), to amend the NASA FAR Supplement formats for people with disabilities 155(c), 302(a), 303, 304, 307(e), and 316. (NFS) to revise a clause related to safety (Braille, large print, electronic files, Total Annual Burden: 37,977 hours. and health measures and mishaps audio format), send an email to fcc504@ Annual Cost Burden: $7,318,100. reporting, reduce burden on contractors, fcc.gov or call the Consumer and Privacy Act Impact Assessment: No and to provide guidance on specific Governmental Affairs Bureau at (202) impact(s). safety and health measures that the 418–0530 (voice), (202) 418–0432 Nature and Extent of Confidentiality: contractor must take when working on (TTY). There is no need for confidentiality with a Federal facility, and the remedies the Synopsis this collection of information. The Government may take for failure to information to be collected will be made maintain an effective safety and health As required by the Paperwork available for public inspection. program. The revision is part of NASA’s Reduction Act of 1995 (44 U.S.C. 3507), Applicants may request materials or retrospective plan under Executive the FCC is notifying the public that it information submitted to the Order (EO) 13563 completed in August received OMB approval on November 9, Commission be given confidential 2011. 2015, for the revised information treatment under 47 CFR 0.459 of the DATES: Effective: December 28, 2015. collection requirements contained in the Commission’s rules. FOR FURTHER INFORMATION CONTACT: Commission’s rules at 47 CFR 96.17; Needs and Uses: The Federal Marilyn E. Chambers, NASA, Office of 96.21; 96.23; 96.33; 96.35; 96.39; 96.41; Communications Commission Procurement, telephone 202.358.5154. 96.43; 96.45; 96.51; 96.57; 96.59; 96.61; (Commission) received approval for new SUPPLEMENTARY INFORMATION: 96.63; and 96.67. Under 5 CFR part OMB Control No. 3060–1211 from the 1320, an agency may not conduct or Office of Management and Budget I. Background sponsor a collection of information (OMB). The purpose of this proposal NASA published a proposed rule in unless it displays a current, valid OMB was to obtain OMB approval of rules the Federal Register at 80 FR 48284 on Control Number. applicable to 3550–3700 MHz (3.5 GHz) August 12, 2015, to revise both the No person shall be subject to any users and licensees and applicants for prescription for and text of the clause at penalty for failing to comply with a database administrators, as adopted by 1852.223–70, which was retitled from jstallworth on DSK7TPTVN1PROD with RULES collection of information subject to the the Commission in a Report and Order ‘‘Safety and Health’’ to ‘‘Safety and Paperwork Reduction Act that does not (Report and Order) on April 17, 2015 Health Measures and Mishap display a current, valid OMB Control (WT Docket No. 12–354; FCC 15–47). By Reporting’’ to emphasize the purpose of Number. The OMB Control Numbers is the Report and Order, the Commission the clause—requiring contractors 3060–1211. creates additional capacity for wireless working at Federal facilities to have The foregoing notice is required by broadband by adopting a new approach measures in place to protect the safety the Paperwork Reduction Act of 1995, to spectrum management to facilitate of their workers, other individuals VerDate Sep<11>2014 15:12 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

73676 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations working at the facility, and the public. personnel who fail to comply with or This rule revises NFS clause To reduce the burden on contractors, violate applicable requirements; 1852.223–70 to reduce burden on the clause prescription was revised to (3) Record the Contractor’s failure to contractors by (1) changing the require it in solicitations and contracts comply in the appropriate databases of applicability of the clause to only above the simplified action threshold past performance; and contracts over the simplified acquisition and to require it only for contracts (4) Consider the Contractor’s failure to threshold and to only those performed involving performance at a Federal comply in any responsibility on Federal facilities, and (2) by facility. The applicability to determination or evaluation of past removing reporting requirements subcontracts was also revised to apply performance. relating to mishap investigations and to subcontracts above the simplified Paragraph (g) requires the prime health and safety plans. The clause also acquisition threshold where contractor to include the clause in provides guidance on specific safety and performance is at a Federal facility. subcontracts over the simplified health measures the contractor must Paragraph (b) of the clause lists safety acquisition threshold when the work take when working on a Federal facility, and occupational health measures, will be conducted completely or partly and the remedies the Government may recognized by the Office of Safety and on federally-controlled facilities. take for failure to maintain an effective Health Administration and industry, as II. Discussion and Analysis safety and health program. standards for both identifying No comments were received on the No public comments were received in initial regulatory flexibility analysis workplace hazards and for developing a response to the proposed rule. However, from small business concerns or other plan for prevention and control of those during internal deliberations a couple of interested parties. hazards. These measures include minor changes were made. Section This rule will apply to small entities maintaining an effective worksite safety 1801.106(1) was revised to add new performing NASA contracts with an and health program with organized and OMB control number 2700–1060, which estimated value over the simplified systematic methods to— was assigned for reporting requirements acquisition threshold on Federal 1. Comply with Federal, State, and at NFS 1852.223–70. Additionally, Facilities. The System for Award local safety and occupational health paragraph (f)(1) of 1852.223–70 was Management (SAM) data shows laws and with the safety and revised to change the phrase ‘‘the approximately 154 firms received occupational health requirements of the Contracting Officer shall’’ to ‘‘the contracts to which this clause will contract; Contracting Officer will’’ and to remove apply. Of those 154 firms, 84 were small 2. Describe and assign the the term ‘‘any necessary.’’ Paragraph (f) businesses. responsibilities of managers, Two reporting requirements are (2) was revised to remove ‘‘in addition supervisors, and employees; contained in the rule. One is to notify to other remedies available to the 3. Inspect regularly for and identify, Government’’ and add ‘‘the contracting the contracting officer of mishaps (types evaluate, prevent, and control hazards; officer may’’ with a list of four actions, A, B, C, or D) or close calls as described 4. Orient and train employees to previously listed in the proposed rule, in NASA Procedural Requirement (NPR) eliminate or avoid hazards; and enumerated and rephrased to clearly list 8621.1, Mishap and Close Call 5. Periodically review the program’s the action to be taken: ‘‘invoke,’’ Reporting, Investigating, and effectiveness. Additionally, paragraph ‘‘require,’’ ‘‘record,’’ and ‘‘consider.’’ No Recordkeeping. The other is to provide (b) added text concerning authorized other revisions were made to the a quarterly report on the number of Government representatives’ rights to proposed rule. mishaps, specifying lost time frequency have access to and to examine the work rate, number of lost time injuries, site and related records under the III. Executive Orders 12866 and 13563 exposure, and accident/incident dollar contract in order to determine the Executive Orders (E.O.s) 12866 and losses. This information is collected so adequacy of the Contractor’s safety and 13563 direct agencies to assess all costs that NASA can analyze mishap data to occupational health measures. and benefits of available regulatory look for mishap trends and determine Paragraph (d) refers to NASA Procedural alternatives and, if regulation is ways to improve the safety of its Requirement (NPR) 8621.1, Mishap and necessary, to select regulatory workforce and high-value assets and Close Call Reporting, Investigating, and approaches that maximize net benefits reduce the risk to its missions. This Recordkeeping, which contains a listing (including potential economic, mishap information would be initially and description of the types of mishaps environmental, public health, and safety collected by a company manager or (types A, B, C, or D) or close calls the effects, distributive impacts, and supervisor. It may be reviewed by the contractor must report to the contracting equity). E.O. 13563 emphasizes the firm’s official responsible for safety, officer. Paragraph (e) requires importance of quantifying both costs usually an occupational health and contractors to cooperate with any and benefits, of reducing costs, of safety. Lost time frequency rate, number Government-authorized investigation by harmonizing rules, and of promoting of lost time injuries, exposure, and providing access to their employees and flexibility. This is not a significant accident/incident dollar losses reports relevant information in their possession regulatory action and, therefore, was not would be prepared by a safety official. regarding the mishap or close call. subject to review under section 6(b) of The revisions to NFS clause Paragraph (f) states the Contracting E.O. 12866, Regulatory Planning and 1852.223–70 are designed to reduce Officer may notify the Contractor of any Review, dated September 30, 1993. This burden on contractors by reducing the noncompliance with the health and rule is not a major rule under 5 U.S.C. applicability of the clause and reducing safety requirements of the contract and 804. the paperwork burden. The information jstallworth on DSK7TPTVN1PROD with RULES require corrective action. If the requested in the clause is essential to contractor fails or refuses to take prompt IV. Regulatory Flexibility Act the NASA health and safety program. corrective action, the Contracting NASA has prepared a Final Further and differing compliance Officer may— Regulatory Flexibility Analysis (FRFA) alternatives or reporting requirements or (1) Invoke the stop-work order clause; consistent with the Regulatory timetables for small entities are not (2) Require the Contractor to remove Flexibility Act, 5 U.S.C. 601, et se., and feasible. Having an effective safety and replace Contractor or subcontractor is summarized as follows: program is crucial to all businesses as it VerDate Sep<11>2014 15:12 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations 73677 reduces injuries, lost time, property Reporting, in solicitations and contracts reasonably direct. To the extent that the damage and creates a more safe and above the simplified acquisition Contractor may be entitled to an equitable effective workplace for employees. threshold when the work will be adjustment for those measures under the conducted completely or partly on terms and conditions of this contract, the V. Paperwork Reduction Act equitable adjustment shall be determined federally-controlled facilities. The rule contains information (b) The clause prescribed in paragraph pursuant to the procedures of the changes collection requirements that require the (a) of this section may be excluded with clause of this contract; provided, that no approval of the Office of Management the approval of the installation adjustment shall be made under this Safety and Budget under the Paperwork official(s) responsible for matters of and Health clause for any change for which Reduction Act (44 U.S.C. chapter 35). safety and occupational health. an equitable adjustment is expressly OMB has cleared this information provided under any other clause of the * * * * * contract. collection requirement under OMB Control Number 2700–0160, titled: (d) The Contractor shall immediately notify PART 1852—SOLICITATION Safety and Health Measures and Mishap the Contracting Officer or a designee any PROVISIONS AND CONTRACT Reporting. Type A, B, C, or D Mishap, or close calls as CLAUSES defined in NASA Procedural Requirement List of Subjects in 48 CFR 1801, 1823, ■ 5. The authority citation for part 1852 (NPR) 8621.1, Mishap and Close Call and 1852 continues to read as follows: Reporting, Investigating, and Recordkeeping. Government procurement. In addition, service contractors (excluding Authority: 51 U.S.C. 20113(a) and 48 CFR construction contracts) shall provide Manuel Quinones, chapter 1. quarterly reports specifying lost-time NASA FAR Supplement Manager. 1852.2 [Amended] frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses Accordingly, 48 CFR parts 1801, 1823 ■ 6. Amend subpart 1852.2 by removing as specified in the contract Schedule. and 1852 are amended as follows: ‘‘1852.223–70 Safety and health’’ and (e) The Contractor shall cooperate with any adding ‘‘1852.223–70 Safety and Health Government-authorized investigation of Type PART 1801—FEDERAL ACQUISITION Measures and Mishap Reporting’’ in its A, B, C, or D Mishaps, or Close Calls reported REGULATIONS SYSTEM place. pursuant to paragraph (d) of this clause by ■ 1. The authority citation for part 1801 ■ 7. Revise section 1852.223–70 to read providing access to employees; and relevant is revised to read as follows: as follows: information in the possession of the Contractor regarding the mishap or close call. Authority: 51 U.S.C. 20113(a) and 48 CFR 1852.223–70 Safety and Health Measures (f)(1) The Contracting Officer may notify chapter 1. and Mishap Reporting. the Contractor of any noncompliance with ■ 2. Section 1801.106 is revised to read As prescribed in 1823.7001(a), insert this clause and specify corrective actions to as follows: the following clause: be taken. When the Contracting Officer SAFETY AND HEALTH MEASURES AND becomes aware of noncompliance that may 801.106 OMB approval under the MISHAP REPORTING (DEC 2015) pose a serious or imminent danger to safety Paperwork Reduction Act. (a) Safety is the freedom from those and health of the public, astronauts and (1) NFS requirements. The following conditions that can cause death, injury, pilots, the NASA workforce (including OMB control numbers apply: occupational illness, damage to or loss of contractor employees working on NASA equipment or property, or damage to the contracts), or high value mission critical OMB Control environment. NASA’s safety priority is to equipment or property, the Contracting NFS Segment protect: (1) The public, (2) astronauts and No. Officer will notify the Contractor orally, with pilots, (3) the NASA workforce (including written confirmation. The Contractor shall 1823 ...................................... 2700–0089 contractor employees working on NASA contracts), and (4) high-value equipment and promptly take corrective action. 1852.223–70 ......................... 2700–0160 1827 ...................................... 2700–0052 property. (2) If the Contractor fails or refuses to 1843 ...................................... 2700–0054 (b) The Contractor shall take all reasonable institute prompt corrective action in NF 533 .................................. 2700–0003 safety and occupational health measures in accordance with subparagraph (f)(1) of this NF 1018 ................................ 2700–0017 performing this contract. The Contractor clause, the Contracting Officer may— shall maintain an effective worksite safety (i) Invoke the stop-work order clause in and health program with organized and this contract; PART 1823—ENVIRONMENT, ENERGY systematic methods to— (ii) Require the Contractor to remove and AND WATER EFFICIENCY, (1) Comply with Federal, State, and local replace Contractor or subcontractor RENEWABLE ENERGY safety and occupational health laws and with personnel who fail to comply with or violate TECHNOLOGIES, OCCUPATIONAL the safety and occupational health applicable requirements of this clause; SAFETY, AND DRUG–FREE requirements of this contract; (iii) Record the Contractor’s failure to WORKPLACE (2) Describe and assign the responsibilities comply in the appropriate databases of past of managers, supervisors, and employees; (3) Inspect regularly for and identify, performance; and ■ 3. The authority citation for part 1823 (iv) Consider the Contractor’s failure to is revised to read as follows: evaluate, prevent, and control hazards; (4) Orient and train employees to eliminate comply in any responsibility determination Authority: 51 U.S.C. 20113(a) and 48 CFR or avoid hazards; and or evaluation of past performance. chapter 1. (5) Periodically review the program’s (g) The Contractor shall insert the effectiveness. Authorized Government substance of this clause, including this ■ 4. Amend section 1823.7001 by jstallworth on DSK7TPTVN1PROD with RULES representatives shall have access to and the paragraph (g) in all subcontracts above the revising paragraphs (a) and (b) to read right to examine the work site and related simplified acquisition threshold when the as follows: records under this Contract in order to work will be conducted completely or partly determine the adequacy of the Contractor’s on federally-controlled facilities. 1823.7001 NASA solicitation provisions safety and occupational health measures. and contract clauses. (End of clause) (c) The Contractor shall take, or cause to (a) Insert the clause at 1852.223–70, be taken, any other safety, and occupational [FR Doc. 2015–29947 Filed 11–24–15; 8:45 am] Safety and Health Measures and Mishap health-measures the Contracting Officer may BILLING CODE 7510–13–P VerDate Sep<11>2014 15:12 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 9990 E:\FR\FM\25NOR1.SGM 25NOR1


Document Created: 2018-03-01 11:14:45
Document Modified: 2018-03-01 11:14:45
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
ActionFinal rule.
DatesEffective: December 28, 2015.
ContactMarilyn E. Chambers, NASA, Office of Procurement, telephone 202.358.5154.
FR Citation80 FR 73675 
RIN Number2700-AE16
CFR Citation48 CFR 1823
48 CFR 1852
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