81 FR 10519 - NASA Federal Acquisition Regulation Supplement

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range		10519-10520
FR Document		2016-04444

NASA is making technical amendments to the NASA FAR Supplement (NFS) to provide needed editorial changes.

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)

[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10519-10520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04444]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1812, 1819, and 1852


NASA Federal Acquisition Regulation Supplement

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule; technical amendments.

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SUMMARY: NASA is making technical amendments to the NASA FAR Supplement 
(NFS) to provide needed editorial changes.

DATES: Effective: March 1, 2016.

[[Page 10520]]


FOR FURTHER INFORMATION CONTACT: Manuel Quinones, NASA, Office of 
Procurement, Contract and Grant Policy Division, via email at 
[email protected], or telephone (202) 358-2143.

SUPPLEMENTARY INFORMATION: 

I. Background

    As part NASA's retrospective review of existing regulations 
pursuant to section 6 of Executive Order 13563, Improving Regulation 
and Regulatory Review, NASA conducted a review of it regulations and 
noted several minor inconsistencies requiring correction. A summary of 
changes follows:
     Revise section 1812.301(G) to match clause title at 
1852.219-75.
     Revise section 1819.708-70 match clause title at 1852.219-
75.
     Revise section 1852.235-73(b) to update title of the 
regulation NPR 2200.2.

List of Subject in 48 CFR Parts 1812, 1819, and 1852

    Government procurement.


Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1812, 1819, and 1852 are amended as 
follows:

0
1. The authority citation for parts 1812 and 1819 is revised to read as 
follows:

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

PART 1812--ACQUISITION OF COMMERCIAL ITEMS


1852.301   [Amended]

0
2. Amend 1812.301(f)(i)(G) by removing the words ``Small Business 
Subcontracting Reporting'' and adding ``Individual Subcontracting 
Reports'' in their place.

PART 1819--SMALL BUSINESS PROGRAMS


1819.708-70   [Amended]

0
3. Amend section 1819.708-70(b) by removing the words ``Individual 
Subcontracts Reporting'' and adding ``Individual Subcontracting 
Reports'' in their place.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

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


1852.235-73   [Amended]

0
5. Amend section 1852.235-73(b) by removing the words ``NPR 2200.2, 
Guidelines'' and adding ``NPR 2200.2, Requirements'' in their place.

[FR Doc. 2016-04444 Filed 2-29-16; 8:45 am]
 BILLING CODE 7510-13-P

Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations 10519

Shipping Act of 1984), the Commission reply thereto, the Commission, § 502.318 Decision.
may, upon petition, award the administrative law judge, or small * * * * *
prevailing party reasonable attorney claims officer will issue an order (b) Attorney fees may be awarded to
fees. granting or denying the petition. the prevailing party in accordance with
(b) Definitions. (i) If the order awards the prevailing § 502.254. [Rule 318.]
Attorney fees means the fair market party attorney fees, the order will state 8. Amend § 502.321 by revising
value of the services of any person the total amount of attorney fees paragraph (b) to read as follows:
permitted to appear and practice before awarded, specify the compensable hours
the Commission in accordance with § 502.321 Applicability of other rules of
and appropriate rate of compensation, this part.
subpart B of this part. and explain the basis for any additional
Decision means: * * * * *
(1) An initial decision or dismissal adjustments.
(b) The following sections in subparts
order issued by an administrative law (ii) If the order denies the prevailing A through Q apply to situations covered
judge; party attorney fees, the order will by this subpart: §§ 502.2(a)
(2) A final decision issued by a small explain the reasons for the denial. (Requirement for filing); 502.2(f)(1)
claims officer; or (2) The Commission, administrative (Email transmission of filings); 502.2(i)
(3) A final decision issued by the law judge, or small claims officer may (Continuing obligation to provide
Commission. adopt a stipulated settlement of attorney contact information); 502.7 (Documents
(c) Filing petitions for attorney fees. fees. in foreign languages); 502.21–502.23
(1) In order to recover attorney fees, the (g) Timing of rulings. An order (Appearance, Authority for
prevailing party must file a petition granting or denying a petition for representation, Notice of appearance;
within 30 days after a decision becomes attorney fees will be served within 60 substitution and withdrawal of
final. For purposes of this section, a days of the date of the filing of the reply representative); 502.43 (Substitution of
decision is considered final when the to the petition or expiration of the reply parties); 502.253 (Interest in reparation
time for seeking judicial review has period, except that in cases involving a proceedings); and 502.254 (Attorney
expired or when a court appeal has substantial dispute of facts critical to the fees in complaint proceedings). [Rule
terminated. determination of an award, the 321.]
(2) The prevailing party must file the
Commission, administrative law judge, By the Commission.
petition with either:
(i) The administrative law judge or or small claims officer may hold a Karen V. Gregory,
small claims officer, if that official’s hearing on such issues and extend the
Secretary.
decision became administratively final time for issuing an order by an
[FR Doc. 2016–04219 Filed 2–29–16; 8:45 am]
under § 502.227(a)(3), § 502.227(c), additional 30 days.
BILLING CODE 6731–AA–P
§ 502.304(g), or § 502.318(a); or (h) Appealing rulings by
(ii) The Commission, if the administrative law judge or small claims
Commission reviewed the decision of officer. The relevant rules governing
appeal and Commission review of FEDERAL COMMUNICATIONS
the administrative law judge or small
decisions by administrative law judges COMMISSION
claims officer under § 502.227,
§ 502.304, or § 502.318. (§§ 502.227; 502.318) and small claims 47 CFR Part 90
(d) Content of petitions. (1) The officers (§ 502.304) apply to orders
petition must: issued by those officers under this Private Land Mobile Radio Service
(i) Explain why attorney fees should section. [Rule 254.]
be awarded in the proceeding; CFR Correction
■ 6. Amend § 502.305 by revising
(ii) Specify the number of hours In Title 47 of the Code of Federal
paragraph (b) to read as follows:
claimed by each person representing the Regulations, Parts 80 to End, revised as
prevailing party at each identifiable § 502.305 Applicability of other rules of of October 1, 2015, on page 413, in
stage of the proceeding; and this part. § 90.520, the second paragraph (b)(2) is
(iii) Include supporting evidence of * * * * * removed.
the reasonableness of the hours claimed [FR Doc. 2016–04433 Filed 2–29–16; 8:45 am]
(b) The following sections in subparts
and the customary rates charged by
A through Q of this part apply to BILLING CODE 1505–01–D
attorneys and associated legal
situations covered by this subpart:
representatives in the community where
§§ 502.2(a) (Requirement for filing);
the person practices.
(2) The petition may request 502.2(f)(1) (Email transmission of NATIONAL AERONAUTICS AND
additional compensation, but any such filings); 502.2(i) (Continuing obligation SPACE ADMINISTRATION
request must be supported by evidence to provide contact information); 502.7
(Documents in foreign languages); 48 CFR Parts 1812, 1819, and 1852
that the customary rates for the hours
reasonably expended on the case would 502.21 through 502.23 (Appearance,
Authority for representation, Notice of NASA Federal Acquisition Regulation
result in an unreasonably low fee award. Supplement
(e) Replies to petitions. The opposing appearance; substitution and
party may file a reply to the petition withdrawal of representative); 502.43 AGENCY: National Aeronautics and
within 20 days of the service date of the (Substitution of parties); 502.101 Space Administration.
asabaliauskas on DSK5VPTVN1PROD with RULES

petition. The reply may address the (Computation); 502.113 (Service of ACTION: Final rule; technical
reasonableness of any aspect of the private party complaints); 502.117 amendments.
prevailing party’s claim and may (Certificate of service); 502.253 (Interest
suggest adjustments to the claim under in reparation proceedings); and 502.254 SUMMARY: NASA is making technical
the criteria stated in paragraph (d) of (Attorney fees in complaint amendments to the NASA FAR
this section. proceedings). [Rule 305.] Supplement (NFS) to provide needed
(f) Rulings on petitions. (1) Upon 7. Amend § 502.318 by revising editorial changes.
consideration of a petition and any paragraph (b) to read as follows: DATES: Effective: March 1, 2016.

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10520 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: 1852.235–73 [Amended] ADDRESSES: Any petitions for
Manuel Quinones, NASA, Office of ■ 5. Amend section 1852.235–73(b) by reconsideration should refer to the
Procurement, Contract and Grant Policy removing the words ‘‘NPR 2200.2, docket number of this document and be
Division, via email at Guidelines’’ and adding ‘‘NPR 2200.2, submitted to: Administrator, National
manuel.quinones@nasa.gov, or Requirements’’ in their place. Highway Traffic Safety Administration,
telephone (202) 358–2143. [FR Doc. 2016–04444 Filed 2–29–16; 8:45 am]
1200 New Jersey Avenue SE., West
SUPPLEMENTARY INFORMATION: Building, Ground Floor, Docket Room
BILLING CODE 7510–13–P
W12–140, Washington, DC 20590.
I. Background FOR FURTHER INFORMATION CONTACT:
As part NASA’s retrospective review DEPARTMENT OF TRANSPORTATION Thomas Healy, Office of the Chief
of existing regulations pursuant to Counsel, NHTSA, 1200 New Jersey Ave.
section 6 of Executive Order 13563, National Highway Traffic Safety SE., West Building, W41–211,
Improving Regulation and Regulatory Administration Washington, DC 20590. Telephone:
Review, NASA conducted a review of it (202) 366–2992 Fax: (202) 366–3820.
regulations and noted several minor 49 CFR Part 578 SUPPLEMENTARY INFORMATION:
inconsistencies requiring correction. A I. Executive Summary
summary of changes follows: [Docket No. NHTSA–2016–0023]
II. Background and Summary of Notice of
• Revise section 1812.301(G) to match RIN 2127–AL38 Proposed Rulemaking
clause title at 1852.219–75. A. Background
• Revise section 1819.708–70 match Civil Penalty Factors B. Civil Penalties Procedures in NPRM
clause title at 1852.219–75. C. Civil Penalty Factors in the NPRM
AGENCY: National Highway Traffic III. The Final Rule
• Revise section 1852.235–73(b) to Safety Administration (NHTSA), A. General Penalty Factors
update title of the regulation NPR Department of Transportation. B. Discretionary Penalty Factors
2200.2. ACTION: Final rule. IV. Codification of Other MAP–21 Penalty
List of Subject in 48 CFR Parts 1812, Changes in 49 CFR Part 578
SUMMARY: This final rule provides V. Rulemaking Analyses and Notices
1819, and 1852
NHTSA’s interpretation of the civil
Government procurement. penalty factors for determining the I. Executive Summary
amount of a civil penalty or the amount The Moving Ahead for Progress in the
Manuel Quinones, of a compromise under the National 21st Century Act (MAP–21 or the Act)
Traffic and Motor Vehicle Safety Act was signed into law on July 6, 2012
NASA FAR Supplement Manager.
(Safety Act). The Moving Ahead for (Pub. L. 112–141). Section 31203(a) of
Accordingly, 48 CFR parts 1812, 1819, Progress in the 21st Century Act (MAP– MAP–21 amends the civil penalty
and 1852 are amended as follows: 21) states that the Secretary of provision of the Safety Act, as amended
■ 1. The authority citation for parts Transportation shall determine the and recodified, 49 U.S.C. Chapter 301,
1812 and 1819 is revised to read as amount of civil penalty or compromise by requiring the Secretary of
follows: under the Safety Act. MAP–21 identifies Transportation to consider various
mandatory factors that the Secretary factors in determining the amount of a
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1. must consider and discretionary factors civil penalty or compromise. The factors
for the Secretary to consider as that the Secretary shall consider in
PART 1812—ACQUISITION OF appropriate in making such determining the amount of civil penalty
COMMERCIAL ITEMS determinations. MAP–21 directs or compromise are codified in
NHTSA to issue a rule providing an amendments to 49 U.S.C. 30165(c).
1852.301 [Amended] interpretation of these penalty factors. Section 31203(b) of MAP–21 requires
■ 2. Amend 1812.301(f)(i)(G) by This final rule also amends NHTSA’s the Secretary to issue a final rule, in
removing the words ‘‘Small Business regulation to the increase penalties and accordance with 5 U.S.C. 553, providing
Subcontracting Reporting’’ and adding damages for odometer fraud, and to an interpretation of the penalty factors
‘‘Individual Subcontracting Reports’’ in include the statutory penalty for set forth in MAP–21. Pub. L. 112–141,
their place. knowingly and willfully submitting § 31203, 126 Stat. 758 (2012). This rule
materially false or misleading provides an interpretation of the civil
PART 1819—SMALL BUSINESS information to the Secretary after penalty factors in 49 U.S.C. 30165(c) for
PROGRAMS certifying the same information as NHTSA to consider in determining the
accurate. amount of civil penalty or compromise.
1819.708–70 [Amended] In the NPRM, we proposed NHTSA issued an NPRM that
■ 3. Amend section 1819.708–70(b) by administrative procedures for NHTSA to proposed an interpretation of the
removing the words ‘‘Individual follow when assessing civil penalties penalty factors in Section 31203(b) of
Subcontracts Reporting’’ and adding against persons who violate the Safety MAP–21 on September 21, 2015.1 The
‘‘Individual Subcontracting Reports’’ in Act. We are not including those NPRM also included administrative
their place. procedures in this final rule. Instead, procedures for NHTSA to follow when
NHTSA plans to address those assessing civil penalties against persons
asabaliauskas on DSK5VPTVN1PROD with RULES

PART 1852—SOLICITATION procedures separately, in a rule to be who violate the Safety Act. We have
PROVISIONS AND CONTRACT issued soon. decided not to include the
CLAUSES DATES: Effective date: This final rule is administrative procedures for assessing
effective May 2, 2016. civil penalties in this final rule.
■ 4. The authority citation for part 1852 Petitions for reconsideration: Petitions On December 4, 2015, the Fixing
continues to read as follows: for reconsideration of this final rule America’s Surface Transportation Act
Authority: 51 U.S.C. 20113(a) and 48 CFR must be received not later than April 15,
chapter 1. 2016. 1 80 FR 56944 (Sept. 21, 2015).

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Document Created: 2018-02-02 14:59:44
Document Modified: 2018-02-02 14:59:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendments.
Dates		Effective: March 1, 2016.
Contact		Manuel Quinones, NASA, Office of Procurement, Contract and Grant Policy Division, via email at [email protected], or telephone (202) 358-2143.
FR Citation		81 FR 10519
CFR Citation		48 CFR 1812 48 CFR 1819 48 CFR 1852