81 FR 17124 - Removal of Outdated and Duplicative Guidance (2016-N010)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 59 (March 28, 2016)

Page Range		17124-17125
FR Document		2016-06887

National Aeronautics and Space Administration (NASA) is proposing to amend the NASA FAR Supplement (NFS) to remove duplicative language of the FAR and superseded NFS guidance. The revision is part of NASA's retrospective plan under Executive Order (EO) 13563 completed in August 2011.

Federal Register, Volume 81 Issue 59 (Monday, March 28, 2016)

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Proposed Rules]
[Pages 17124-17125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06887]



[[Page 17124]]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1817 and 1852

RIN 2700-AE28


Removal of Outdated and Duplicative Guidance (2016-N010)

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: National Aeronautics and Space Administration (NASA) is 
proposing to amend the NASA FAR Supplement (NFS) to remove duplicative 
language of the FAR and superseded NFS guidance. The revision is part 
of NASA's retrospective plan under Executive Order (EO) 13563 completed 
in August 2011.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before May 27, 2016 to be considered in 
formulation of the final rule.

ADDRESSES: Submit comments identified by NFS Case 2016-N010, 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-N010'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NFS Case 
2016-N010.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NFS Case 2016-N010'' on your attached document.
    [cir] Email: [email protected]. Include NFS Case 2016-N010 
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: Mr. Manuel Quinones, Suite 5K32, 300 E. Street SW., 
Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, NASA, Office of 
Procurement, Contract and Grant Policy Division, Suite 5K32, 300 E. 
Street SW., Washington, DC 20456-0001.
    Telephone (202) 358-2143; facsimile 202-358-3082; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    This rule proposes to amend the NASA FAR Supplement (NFS) by 
removing from the Code of Federal Regulations (CFR) those portions of 
the NFS containing information that consists of internal Agency 
administrative procedures and guidance that does not control the 
relationship between NASA and contractors or prospective contractors. 
This change is consistent with the guidance and policy in FAR Part 1 
regarding what comprises the Federal Acquisition Regulations System and 
requires publication for public comment. NASA conducted a comprehensive 
review of the NFS to validate the accuracy and relevancy of its policy, 
guidance, and procedures. Additionally, to streamline and clarify its 
regulation, NASA identified a number of NFS parts and sections to be 
(1) deleted because of its duplication of the FAR or (2) relocated as 
internal Agency operating procedures to a NASA maintained Web site 
available on the internet at http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm. During a recent review of the NFS we discovered that 
an extraneous provision and two inapplicable clauses had been 
inadvertently retained in the regulation and for which their respective 
prescriptions had been previously deleted during one of the NASA FAR 
Supplement Rewrite final rules. Accordingly, this rule proposes to 
remove from the CFR the duplicative provision and superseded clauses, 
and relocate internal Agency-specific guidance and operating 
procedures.
    The NFS document found on the NASA Procurement Library Web site 
will continue to contain both information requiring codification in the 
CFR and internal Agency guidance and procedures in a single document.

II. Discussion

    NASA's proposed changes to the CFR are as follows:
     Remove section 1817.200, as this statement is redundant.
     Remove section 1817.204, as this section pertains to 
internal Agency guidance and operating procedures.
     Remove section 1852.210-70, which is duplicative of FAR 
requirements and for which no prescriptive language exists.
     Remove sections 1852.212-70 and 1852.212-74, which are 
superseded and for which no prescriptive language exists.

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 this rule proposes to remove from the CFR only information that 
is either considered internal Agency administrative procedures or 
extraneous provisions/clauses that were invalidated by previous final 
rules. 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 
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-N010) in their 
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 1817 and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1817 and 1852 are amended as follows:

0
1. The authority citation for parts 1817 and 1852 continues to read as 
follows:

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

PART 1817--SPECIAL CONTRACTING METHODS


1817.200 and 1817.204  [Removed]

0
2. Remove sections 1817.200 and 1817.204.

[[Page 17125]]

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.210-70, 1852.212-70, and 1852.212-74  [Removed]

0
3. Remove sections 1852.210-70, 1852.212-70, and 1852.212-74.

[FR Doc. 2016-06887 Filed 3-25-16; 8:45 am]
 BILLING CODE 7510-01-P

Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Proposed Rules 17125

PART 1852—SOLICITATION 31, Congress gave the Board broad rail transportation of all commodities in
PROVISIONS AND CONTRACT authority to exempt rail carriers from single-line boxcar service, at 49 CFR
CLAUSES regulation when such regulation was 1039.14.4
not needed to protect against abuses of
1852.210–70, 1852.212–70, and 1852.212–74 February 2011 Hearing
market power. The Interstate Commerce
[Removed] Commission (ICC or Commission) first The agency’s exemption decisions
■ 3. Remove sections 1852.210–70, exercised its exemption authority in were instrumental in the U.S. rail
1852.212–70, and 1852.212–74. Rail General Exemption Authority— system’s transition from a heavily
[FR Doc. 2016–06887 Filed 3–25–16; 8:45 am] Fresh Fruits & Vegetables, 361 I.C.C. 211 regulated, financially weak component
(1979), categorically exempting the of the economy into a mature, healthy
BILLING CODE 7510–01–P
transportation of certain fresh fruits and industry that operates with limited
vegetables from its regulations. oversight. However, more than 30 years
Congress revised the statutory have passed since many of the
SURFACE TRANSPORTATION BOARD commodity exemptions were adopted,
exemption standard in the Staggers Rail
49 CFR Part 1039 Act of 1980, 94 Stat. 1895, to provide and there have been many changes in
that the agency shall exempt a person, the railroad industry over that period. In
[Docket No. EP 704 (Sub-No. 1)] class of persons, or a transaction or more recent years, the Board received
service when it finds that the informal inquiries questioning the
Review of Commodity, Boxcar, and relevance or necessity of some of the
Trailer-on-Flatcar/Container-on-Flatcar application of a provision of 49 U.S.C.
subtitle IV (1) is not necessary to carry existing commodity exemptions. The
(TOFC/COFC) Exemptions Board, therefore, requested public
out the transportation policy of section
AGENCY: Surface Transportation Board. 10101a; and (2) either (a) the transaction comment and held a public hearing in
ACTION: Notice of proposed rulemaking. or service is of limited scope, or (b) the February 2011 to explore the continued
application of the statute is not utility of, and the issues surrounding,
SUMMARY: The Surface Transportation necessary to protect shippers from the the various commodity exemptions
Board (Board or STB) seeks public abuse of market power. The exemption under 49 CFR 1039.10 and 1039.11, the
comment on its proposal to revoke the provision, which is now codified at 49 boxcar exemption under 49 CFR
existing class exemptions for crushed or U.S.C. 10502,1 also provides that the 1039.14, and the TOFC/COFC
broken stone or rip rap; hydraulic agency may revoke an exemption exemption under 49 CFR pt. 1090. The
cement; and coke produced from coal, (partially or completely) if the agency Board encouraged interested parties to
primary iron or steel products, and iron later determines that the application of address the effectiveness of the
or steel scrap, wastes or tailings. The the Interstate Commerce Act is exemptions in the marketplace, whether
Board also invites interested parties to necessary to carry out the Rail the rationale behind any of these
file, during the comment period for Transportation Policy at 49 U.S.C. exemptions should be revisited, and
these proposed rules, comments 10101 (the RTP). See section 10502(d). whether the exemptions should be
regarding the possible revocation of Pursuant to its exemption authority, subject to periodic review.
other commodity class exemptions. the ICC, and later the Board, exempted The Board received written comment
DATES: Comments on the proposed
from numerous parties representing a
from regulation the transportation by
rulemaking are due on or before May 27, diverse group of stakeholders including
rail of numerous other individual
2016; replies are due June 27, 2016. railroads, shippers, and the U.S.
commodities, finding that traffic for
Department of Transportation. Twenty-
ADDRESSES: Any filings submitted in these individual commodities was
one individuals testified at the hearing.
this proceeding must be submitted sufficiently competitive and that
The Board has considered those written
either via the Board’s e-filing format or railroads lacked the ability to subject
comments and the oral testimony in
in the traditional paper format. Any shippers to an abuse of market power.2
developing the proposal discussed
person using e-filing should attach a These commodity exemptions are
below.
document and otherwise comply with codified at 49 CFR 1039.10 and 1039.11.
the instructions found at the E–FILING The Commission also exempted rail Proposed Rule
link on the Board’s Web site at (and truck) operations provided in As discussed above, pursuant to 49
www.stb.dot.gov. Any person submitting connection with trailer-on-flatcar/ U.S.C. 10502(d), the Board may revoke
a filing in the traditional paper format container-on-flatcar (TOFC/COFC) an exemption, in whole or in part, when
should send an original and 10 copies services, at 49 CFR pt. 1090,3 and the it finds that regulation is necessary to
and also an electronic version to: carry out the RTP. After considering the
Surface Transportation Board, Attn: 1 There have been additional changes to the
oral testimony and written comments,
Docket No. EP 704 (Sub-No. 1), 395 E exemption provision since the Staggers Act with
regard to the process and timing of exemption waybill rate data for years 1992 through
Street SW., Washington, DC 20423– proceedings. The substantive standard, however, 2013,5 and other industry information,
0001. has remained the same. the Board now proposes to revoke the
FOR FURTHER INFORMATION CONTACT:
2 See Rail Gen. Exemption Auth.—Nonferrous
commodity exemptions for the
Recyclables, 3 S.T.B. 62 (1998); Rail Gen. following Standard Transportation
Scott Zimmerman at (202) 245–0386. Exemption Auth.—Pet. of AAR to Exempt Rail
Assistance for the hearing impaired is Transp. of Selected Commodity Groups, 9 I.C.C.2d Commodity Code (STCC) groups: STCC
available through the Federal 969 (1993); Exemption from Regulation—Rail
Transp. Frozen Food, 367 I.C.C. 859 (1983); Liquid
Lhorne on DSK5TPTVN1PROD with PROPOSALS

4 See Exemption from Regulation—Boxcar Traffic,
Information Relay Services (FIRS) at 1–
Iron Chloride, 367 I.C.C. 347 (1983); Rail Gen. 367 I.C.C. 425 (1983); Exemption from Regulation—
800–877–8339. Exemption Auth.—Miscellaneous Agric. Boxcar Traffic, 367 I.C.C. 747 (1983), Exemption
SUPPLEMENTARY INFORMATION: Commodities, 367 I.C.C. 298 (1983). from Regulation—Boxcar Traffic, 3 I.C.C.2d 23
3 See Improvement of TOFC/COFC Regulation, (1986). See also Brae Corp. v. United States, 740
Introduction 364 I.C.C. 731 (1981); Improvement of TOFC/COFC F.2d 1023 (D.C. Cir. 1984).
Regulations (R.R.-Affiliated Motor Carriers & Other 5 The Board reviewed a 22-year period of
In 1976, as part of the Railroad Motor Carriers), 3 I.C.C.2d 869 (1987); Improvement confidential waybill data, beginning with
Revitalization and Regulatory Reform of TOFC/COFC Regulations (Pickup & Delivery), 6 information filed in 1992 and ending with data filed
Act of 1976, Public Law 94–210, 90 Stat. I.C.C.2d 208 (1989). in 2013, the most recent on file with the Board.

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Document Created: 2016-03-26 00:13:30
Document Modified: 2016-03-26 00:13:30

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		Mr. Manuel Quinones, NASA, Office of Procurement, Contract and Grant Policy Division, Suite 5K32, 300 E. Street SW., Washington, DC 20456-0001.
FR Citation		81 FR 17124
RIN Number		2700-AE28
CFR Citation		48 CFR 1817 48 CFR 1852