81 FR 13308 - Removal of Grant Handbook References (2016-N001)
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 49 (March 14, 2016)
Federal Register Volume 81, Issue 49 (March 14, 2016)
| Page Range | 13308-13309 | |
| FR Document | 2016-05230 |
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)] [Proposed Rules] [Pages 13308-13309] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05230] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1815 and 1852 RIN 2700-AE27 Removal of Grant Handbook References (2016-N001) AGENCY: National Aeronautics and Space Administration. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: National Aeronautics and Space Administration (NASA) is proposing to amend the NASA FAR Supplement (NFS) to remove references to NASA's Grant and Cooperative Agreement Handbook, NASA Procedural Requirements (NPR) 5800.1, NASA Grant and Cooperative Agreement Handbook and Office of Management and Budget (OMB) Circulars A-21 for educational institutions and A-122 for nonprofit organizations. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before May 13, 2016 to be considered in formulation of the final rule. ADDRESSES: Submit comments identified by NFS Case 2016-N001, using any of the following methods: [cir] Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ``NFS Case 2016-N001'' under the heading ``Enter keyword or ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' that corresponds with ``NFS Case 2016-N001.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``NFS Case 2016-N001'' on your attached document. [cir] Email: [email protected]. Include NFS Case 2016-N001 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, Suite 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, Suite 5L32, 300 E. Street SW., Washington, DC 20456-0001. Telephone (202) 358-4560; facsimile 202-358-3082; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background On September 11, 2015, NASA published a final rule in the Federal Register (80 FR 54701) titled, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, to establish policies and procedures for grants and cooperative agreements awarded by NASA. The policies and procedures that recipients must follow are those appearing in subparts A through F of 2 Code of Federal Regulations (CFR) part 200 and as supplemented by 2 CFR part 1800. Additionally, in December 2014, NASA issued a non-regulatory policy and procedure manual titled, NASA Grant and Cooperative Agreement Manual. These two documents replaced the NASA Grant and Cooperative Agreement Handbook and are available at https://answers.nssc.nasa.gov/app/answers/detail/a_id/6487. II. Discussion NASA is proposing to remove references to grant and cooperative agreement policy and guidance from the NASA FAR Supplement, which supplements the FAR, because they do not pertain to the procurement of goods and services. The FAR only contains guidance on contracts and no other funding agreements such as grants and cooperative agreements. Consistent with Executive Order (E.O.) 13563, Improving Regulations and Regulatory Review, NASA reviewed the NFS and is proposing to remove references to the NASA Grant and Cooperative Agreement Handbook and Office of Management and Budget (OMB) Circulars A-21 for educational institutions and A-122 for nonprofit organizations located at NFS 1815.602 and in NFS 1852.235-72. Circulars A-21 and A-122 were rescinded and no longer applicable for new awards after December 26, 2014. Both of these OMB circulars were replaced by 2 CFR part 200. 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 does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it merely removes outdated and unnecessary grant and cooperative agreement references that should not be in the NFS. Therefore, an initial regulatory flexibility analysis has not been performed. NASA invites comments from small business concerns and other interested parties on the expected impact of this proposed rule on small entities. NASA will also consider comments from small entities concerning the [[Page 13309]] 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 (NFS case 2016-N001) in correspondence. V. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 1815 and 1852 Government procurement. Manuel Quinones, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1815 and 1852 are proposed to be amended as follows: PART 1815--CONTRACTING BY NEGOTIATION 0 1. The authority citation for part 1815 is revised to read as follows: Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. 0 2. Revise section 1815.602 to read as follows: 1815.602 Policy. Renewal proposals, (i.e., those for the extension or augmentation of current contracts) are subject to the same FAR and NFS regulations, including the requirements of the Competition in Contracting Act, as are proposals for new contracts. PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 3. The authority citation for part 1852 continues to read as follows: Authority: 51 U.S.C. 20113(a) and 41 U.S.C. chapter 1. 0 4. Amend section 1852.235-72 by-- 0 a. Removing from the provision heading ``DEC 2005'' and adding ``DATE'' in its place; and 0 b. Revising paragraphs (a)(4) and (c)(8)(iii). The revisions read as follows: 1852.235-72 Instructions for Responding to NASA Research Announcements. * * * * * (a) * * * (4) A contract, grant, cooperative agreement, or other agreement may be used to accomplish an effort funded in response to an NRA. NASA will determine the appropriate award instrument. Contracts resulting from NRAs are subject to the Federal Acquisition Regulation and the NASA FAR Supplement. A grant, cooperative agreement, or other agreement resulting from NRAs are subject to policies and procedures outlined in the Guidebook for Proposers Responding to a NASA Funding Announcement, 2 CFR part 1800, 14 CFR part 1274, or other agreement policy. Any proposal from a large business concern that may result in the award of a contract, which exceeds $5,000,000 and has subcontracting possibilities should include a small business subcontracting plan in accordance with the clause at FAR 52.219-9, Small Business Subcontracting Plan. (Subcontract plans for contract awards below $5,000,000, will be negotiated after selection.) * * * * * (c) * * * (8) * * * (iii) Allowable costs are governed by FAR part 31 and the NASA FAR Supplement part 1831. * * * * * [FR Doc. 2016-05230 Filed 3-11-16; 8:45 am] BILLING CODE 7510-13-P
![13308 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules
independent of the Phase 3 modeling institutions and A–122 for nonprofit II. Discussion
and analysis. This enabled the Coast organizations. NASA is proposing to remove
Guard to improve its understanding of references to grant and cooperative
vessel routes, beyond the understanding DATES: Comments on the proposed rule
should be submitted in writing to the agreement policy and guidance from the
gleaned through generic heat maps. NASA FAR Supplement, which
Based on comments by the shipping address shown below on or before May
13, 2016 to be considered in formulation supplements the FAR, because they do
industry and more recent literature on not pertain to the procurement of goods
addressing shipping during marine of the final rule.
and services. The FAR only contains
spatial planning, the WG conducted ADDRESSES: Submit comments
guidance on contracts and no other
additional research into the necessary identified by NFS Case 2016–N001,
funding agreements such as grants and
sea space for vessels to maneuver in using any of the following methods:
cooperative agreements. Consistent with
compliance with the International Æ Regulations.gov: http:// Executive Order (E.O.) 13563,
Regulations for Preventing Collisions at www.regulations.gov. Submit comments Improving Regulations and Regulatory
Sea. This research led to the via the Federal eRulemaking portal by Review, NASA reviewed the NFS and is
development of recommended marine entering ‘‘NFS Case 2016–N001’’ under proposing to remove references to the
planning guidelines. In addition, an the heading ‘‘Enter keyword or ID’’ and NASA Grant and Cooperative
effort focused on determining the selecting ‘‘Search.’’ Select the link Agreement Handbook and Office of
appropriate width of a navigation route ‘‘Submit a Comment’’ that corresponds Management and Budget (OMB)
was undertaken for alongshore towing with ‘‘NFS Case 2016–N001.’’ Follow Circulars A–21 for educational
operations. These efforts enabled the the instructions provided at the ‘‘Submit institutions and A–122 for nonprofit
WG to identify navigation safety a Comment’’ screen. Please include your organizations located at NFS 1815.602
corridors along the Atlantic Coast that name, company name (if any), and and in NFS 1852.235–72. Circulars A–
combine the width necessary for ‘‘NFS Case 2016–N001’’ on your 21 and A–122 were rescinded and no
navigation and additional buffer areas attached document. longer applicable for new awards after
based on the planning guidelines. The Æ Email: andrew.orourke@nasa.gov. December 26, 2014. Both of these OMB
WG has also identified deep draft routes Include NFS Case 2016–N001 in the circulars were replaced by 2 CFR part
that it recommends be given priority subject line of the message. 200.
consideration to navigation over other Æ Fax: (202) 358–3082.
uses, to comply with the United Nations III. Executive Orders 12866 and 13563
Æ Mail: National Aeronautics and
Convention of the Law of the Sea. The Executive Orders (E.O.s) 12866 and
Space Administration, Headquarters,
final report will be available on the 13563 direct agencies to assess all costs
Office of Procurement, Contract and
Federal Register docket and also on the and benefits of available regulatory
Grant Policy Division, Attn: Andrew
ACPARS Web site at www.uscg.mil/ alternatives and, if regulation is
O’Rourke, Suite 5L32, 300 E. Street SW.,
lantarea/acpars. necessary, to select regulatory
Washington, DC 20546–0001.
This notice is issued under authority approaches that maximize net benefits
of 33 U.S.C. 1223(c) and 5 U.S.C. 552. FOR FURTHER INFORMATION CONTACT:
(including potential economic,
Andrew O’Rourke, NASA, Office of
Dated: February 24, 2016. environmental, public health, and safety
Procurement, Contract and Grant Policy
William D. Lee, effects, distributive impacts, and
Division, Suite 5L32, 300 E. Street SW.,
Vice Admiral, U.S. Coast Guard, Commander, equity). E.O. 13563 emphasizes the
Washington, DC 20456–0001.
Atlantic Area. importance of quantifying both costs
Telephone (202) 358–4560; facsimile
[FR Doc. 2016–05706 Filed 3–11–16; 8:45 am] and benefits, of reducing costs, of
202–358–3082; email: andrew.orourke@
BILLING CODE 9110–04–P harmonizing rules, and of promoting
nasa.gov.
flexibility. This is not a significant
SUPPLEMENTARY INFORMATION: regulatory action and, therefore, was not
NATIONAL AERONAUTICS AND I. Background subject to review under section 6(b) of
SPACE ADMINISTRATION E.O. 12866, Regulatory Planning and
On September 11, 2015, NASA Review, dated September 30, 1993. This
48 CFR Parts 1815 and 1852 published a final rule in the Federal rule is not a major rule under 5 U.S.C.
Register (80 FR 54701) titled, Uniform 804.
RIN 2700–AE27 Administrative Requirements, Cost
Principles and Audit Requirements for IV. Regulatory Flexibility Act
Removal of Grant Handbook
Federal Awards, to establish policies NASA does not expect this proposed
References (2016–N001)
and procedures for grants and rule to have a significant economic
AGENCY: National Aeronautics and cooperative agreements awarded by impact on a substantial number of small
Space Administration. NASA. The policies and procedures that entities within the meaning of the
ACTION: Proposed rule. recipients must follow are those Regulatory Flexibility Act, 5 U.S.C. 601
appearing in subparts A through F of 2 et seq., because it merely removes
SUMMARY: National Aeronautics and Code of Federal Regulations (CFR) part outdated and unnecessary grant and
Space Administration (NASA) is 200 and as supplemented by 2 CFR part cooperative agreement references that
proposing to amend the NASA FAR 1800. Additionally, in December 2014, should not be in the NFS. Therefore, an
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Supplement (NFS) to remove references NASA issued a non-regulatory policy initial regulatory flexibility analysis has
to NASA’s Grant and Cooperative and procedure manual titled, NASA not been performed. NASA invites
Agreement Handbook, NASA Grant and Cooperative Agreement comments from small business concerns
Procedural Requirements (NPR) 5800.1, Manual. These two documents replaced and other interested parties on the
NASA Grant and Cooperative the NASA Grant and Cooperative expected impact of this proposed rule
Agreement Handbook and Office of Agreement Handbook and are available on small entities.
Management and Budget (OMB) at https://answers.nssc.nasa.gov/app/ NASA will also consider comments
Circulars A–21 for educational answers/detail/a_id/6487. from small entities concerning the
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![Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules 13309
existing regulations in subparts affected 1815.602 Policy. instrument. Contracts resulting from
by this rule in accordance with 5 U.S.C. Renewal proposals, (i.e., those for the NRAs are subject to the Federal
610. Interested parties must submit such extension or augmentation of current Acquisition Regulation and the NASA
comments separately and should cite 5 contracts) are subject to the same FAR FAR Supplement. A grant, cooperative
U.S.C. 610 (NFS case 2016–N001) in and NFS regulations, including the agreement, or other agreement resulting
correspondence. requirements of the Competition in from NRAs are subject to policies and
V. Paperwork Reduction Act Contracting Act, as are proposals for procedures outlined in the Guidebook
new contracts. for Proposers Responding to a NASA
The rule does not contain any
information collection requirements that Funding Announcement, 2 CFR part
PART 1852—SOLICITATION
require the approval of the Office of 1800, 14 CFR part 1274, or other
PROVISIONS AND CONTRACT
Management and Budget under the CLAUSES agreement policy. Any proposal from a
Paperwork Reduction Act (44 U.S.C. large business concern that may result
chapter 35). ■ 3. The authority citation for part 1852 in the award of a contract, which
continues to read as follows: exceeds $5,000,000 and has
List of Subjects in 48 CFR Parts 1815 subcontracting possibilities should
Authority: 51 U.S.C. 20113(a) and 41
and 1852 U.S.C. chapter 1. include a small business subcontracting
Government procurement. ■ 4. Amend section 1852.235–72 by— plan in accordance with the clause at
Manuel Quinones, ■ a. Removing from the provision FAR 52.219–9, Small Business
NASA FAR Supplement Manager. heading ‘‘DEC 2005’’ and adding Subcontracting Plan. (Subcontract plans
‘‘DATE’’ in its place; and for contract awards below $5,000,000,
Accordingly, 48 CFR parts 1815 and
■ b. Revising paragraphs (a)(4) and will be negotiated after selection.)
1852 are proposed to be amended as
(c)(8)(iii). * * * * *
follows: The revisions read as follows:
(c) * * *
PART 1815—CONTRACTING BY 1852.235–72 Instructions for Responding
NEGOTIATION (8) * * *
to NASA Research Announcements.
* * * * * (iii) Allowable costs are governed by
■ 1. The authority citation for part 1815 FAR part 31 and the NASA FAR
(a) * * *
is revised to read as follows: Supplement part 1831.
(4) A contract, grant, cooperative
Authority: 51 U.S.C. 20113(a) and 48 CFR agreement, or other agreement may be * * * * *
chapter 1. used to accomplish an effort funded in [FR Doc. 2016–05230 Filed 3–11–16; 8:45 am]
■ 2. Revise section 1815.602 to read as response to an NRA. NASA will BILLING CODE 7510–13–P
follows: determine the appropriate award
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Document Created: 2016-03-12 01:00:17
Document Modified: 2016-03-12 01:00:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on the proposed rule should be submitted in writing to | |
| Contact | Andrew O'Rourke, NASA, Office of Procurement, Contract and Grant Policy Division, Suite 5L32, 300 E. Street SW., Washington, DC 20456-0001. Telephone (202) 358-4560; facsimile 202-358-3082; email: [email protected] | |
| FR Citation | 81 FR 13308 | |
| RIN Number | 2700-AE27 | |
| CFR Citation | 48
CFR
1815 48 CFR 1852 |
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