81 FR 41238 - NASA Federal Acquisition Regulation Supplement: Removal of Grant Handbook References (NFS Case 2016-N001)
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 122 (June 24, 2016)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41238-41239 | |
| FR Document | 2016-14851 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Rules and Regulations] [Pages 41238-41239] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14851] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1815 and 1852 RIN 2700-AE27 NASA Federal Acquisition Regulation Supplement: Removal of Grant Handbook References (NFS Case 2016-N001) AGENCY: National Aeronautics and Space Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NASA is issuing a final rule amending the NASA Federal Acquisition Regulation 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: Effective: July 25, 2016. FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, telephone 202-358- 4560. SUPPLEMENTARY INFORMATION: I. Background NASA published a proposed rule in the Federal Register at 81 FR 13308 on March 14, 2016, to amend the NFS to remove references to NASA's Grant and Cooperative Agreement Handbook, 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. II. Discussion and Analysis No public comments were submitted in response to the proposed rule. The proposed rule has been converted to a final rule without change. 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 A final regulatory flexibility analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is summarized as follows: NASA is issuing a final rule amending the NFS to remove references to the NASA Grant and Cooperative Agreement Handbook and NPR 5800.1, NASA Grant and Cooperative Agreement Handbook. No changes were made to the final rule. No public comments were received in response to the Initial Regulatory Flexibility Analysis in the proposed rule. Therefore, the proposed rule has been adopted as final. NASA does not expect this final 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. There are no new reporting requirements or recordkeeping requirements associated with this rule. In addition, there are no other alternatives that could further minimize the already negligible impact on businesses, small or large. V. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of OMB 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 amended as follows: 0 1. The authority citation for parts 1815 and 1852 continues to read as follows: Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. PART 1815--CONTRACTING BY NEGOTIATION 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. Amend section 1852.235-72 by-- 0 a. Removing from the provision heading ``DEC 2005'' and adding (JUL 2016) 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 [[Page 41239]] 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. 2016-14851 Filed 6-23-16; 8:45 am] BILLING CODE 7510-13-P
![41238 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
Personnel, in solicitations and contracts I. Background In addition, there are no other
when it is necessary for contract NASA published a proposed rule in alternatives that could further minimize
performance to identify Contractor key the Federal Register at 81 FR 13308 on the already negligible impact on
personnel. Contracting Officers have the March 14, 2016, to amend the NFS to businesses, small or large.
flexibility to identify the required remove references to NASA’s Grant and V. Paperwork Reduction Act
number of days of key personnel Cooperative Agreement Handbook, NPR
commitment during the early stages of The rule does not contain any
5800.1, NASA Grant and Cooperative
contractor performance. The length of Agreement Handbook and Office of information collection requirements that
time will be based on the requirements Management and Budget (OMB) require the approval of OMB under the
of individual acquisitions when Circulars A–21 for educational Paperwork Reduction Act (44 U.S.C.
continued assignment is essential to the institutions and A–122 for nonprofit chapter 35).
successful implementation of the organizations. List of Subjects in 48 CFR Parts 1815
program’s mission. Therefore, and 1852
Contracting Officers may use a clause II. Discussion and Analysis
substantially the same as in 48 CFR No public comments were submitted Government procurement.
1552.237–72, regarding substitution of in response to the proposed rule. The Manuel Quinones,
key personnel. Contracting Officers may proposed rule has been converted to a NASA FAR Supplement Manager.
include a different number of days in final rule without change.
excess of the ninety (90) days included Accordingly, 48 CFR parts 1815 and
III. Executive Orders 12866 and 13563 1852 are amended as follows:
in this clause, if approved at one level
above the Contracting Officer. Executive Orders (E.O.s) 12866 and ■ 1. The authority citation for parts
* * * * * 13563 direct agencies to assess all costs 1815 and 1852 continues to read as
(f) To ensure that Agency contracts and benefits of available regulatory follows:
are administered so as to avoid creating alternatives and, if regulation is Authority: 51 U.S.C. 20113(a) and 48 CFR
an improper employer-employee necessary, to select regulatory chapter 1.
approaches that maximize net benefits
relationship, contracting officers shall
(including potential economic, PART 1815—CONTRACTING BY
insert the contract clause at 1552.237–
environmental, public health and safety NEGOTIATION
76, ‘‘Government-Contractor Relations’’,
effects, distributive impacts, and
in all solicitations and contracts for non- ■ 2. Revise section 1815.602 to read as
equity). E.O. 13563 emphasizes the
personal services that exceed the follows:
importance of quantifying both costs
simplified acquisition threshold.
and benefits, of reducing costs, of
[FR Doc. 2016–15002 Filed 6–23–16; 8:45 am] 1815.602 Policy.
harmonizing rules, and of promoting
BILLING CODE 6560–50–P flexibility. This is not a significant Renewal proposals, (i.e., those for the
regulatory action and, therefore, was not extension or augmentation of current
subject to review under section 6(b) of contracts) are subject to the same FAR
E.O. 12866, Regulatory Planning and and NFS regulations, including the
NATIONAL AERONAUTICS AND
Review, dated September 30, 1993. This requirements of the Competition in
SPACE ADMINISTRATION
rule is not a major rule under 5 U.S.C. Contracting Act, as are proposals for
48 CFR Parts 1815 and 1852 804. new contracts.
RIN 2700–AE27 IV. Regulatory Flexibility Act PART 1852—SOLICITATION
A final regulatory flexibility analysis PROVISIONS AND CONTRACT
NASA Federal Acquisition Regulation has been prepared consistent with the CLAUSES
Supplement: Removal of Grant Regulatory Flexibility Act, 5 U.S.C. 601,
Handbook References (NFS Case ■ 3. Amend section 1852.235–72 by—
et seq., and is summarized as follows: ■ a. Removing from the provision
2016–N001) NASA is issuing a final rule amending
heading ‘‘DEC 2005’’ and adding (JUL
AGENCY: National Aeronautics and the NFS to remove references to the
2016) in its place; and
Space Administration. NASA Grant and Cooperative ■ b. Revising paragraphs (a)(4) and
Agreement Handbook and NPR 5800.1,
ACTION: Final rule. (c)(8)(iii).
NASA Grant and Cooperative The revisions read as follows:
SUMMARY: NASA is issuing a final rule Agreement Handbook. No changes were
amending the NASA Federal made to the final rule. No public 1852.235–72 Instructions for responding
Acquisition Regulation Supplement comments were received in response to to NASA research announcements.
(NFS) to remove references to NASA’s the Initial Regulatory Flexibility * * * * *
Grant and Cooperative Agreement Analysis in the proposed rule. (a) * * *
Handbook, NASA Procedural Therefore, the proposed rule has been (4) A contract, grant, cooperative
Requirements (NPR) 5800.1, NASA adopted as final. NASA does not expect agreement, or other agreement may be
Grant and Cooperative Agreement this final rule to have a significant used to accomplish an effort funded in
Handbook, and Office of Management economic impact on a substantial response to an NRA. NASA will
and Budget (OMB) Circulars A–21 for number of small entities within the determine the appropriate award
educational institutions and A–122 for meaning of the Regulatory Flexibility instrument. Contracts resulting from
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nonprofit organizations. Act, 5 U.S.C. 601 et seq., because it NRAs are subject to the Federal
merely removes outdated and Acquisition Regulation and the NASA
DATES: Effective: July 25, 2016.
unnecessary grant and cooperative FAR Supplement. A grant, cooperative
FOR FURTHER INFORMATION CONTACT: agreement references that should not be agreement, or other agreement resulting
Andrew O’Rourke, telephone 202–358– in the NFS. There are no new reporting from NRAs are subject to policies and
4560. requirements or recordkeeping procedures outlined in the Guidebook
SUPPLEMENTARY INFORMATION: requirements associated with this rule. for Proposers Responding to a NASA
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![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 41239
Funding Announcement, 2 CFR part and Management of Highly Migratory Yellowfin, and Skipjack Tuna in the
1800, 14 CFR part 1274, or other Fish Stocks in the Western and Central Western and Central Pacific Ocean.’’
agreement policy. Any proposal from a Pacific Ocean (Convention), pursuant to The preamble to the proposed rule
large business concern that may result the authority of the WCPFC provides background information on the
in the award of a contract, which Implementation Act. Convention and the Commission, the
exceeds $5,000,000 and has DATES: Effective July 25, 2016, except provisions of CMM 2015–01 that are
subcontracting possibilities should § 300.223(b)(1) introductory text and being implemented in this rule, and the
include a small business subcontracting paragraphs (b)(2)(i) through (iv), and basis for the proposed regulations,
plan in accordance with the clause at § 300.224(a), which shall be effective which is not repeated here.
FAR 52.219–9, Small Business July 1, 2016. The Action
Subcontracting Plan. ADDRESSES: Copies of supporting
(Subcontract plans for contract documents prepared for this final rule, This final rule includes three
awards below $5,000,000, will be including the regulatory impact review elements, described in detail below, that
negotiated after selection.) (RIR), and the programmatic will be included in regulations at 50
* * * * * environmental assessment (PEA) and CFR part 300, subpart O.
(c) * * * supplemental information report (SIR) 1. Purse Seine Observer Requirements
(8) * * * prepared for National Environmental
(iii) Allowable costs are governed by Policy Act (NEPA) purposes, as well as This final rule prohibits U.S. purse
FAR part 31 and the NASA FAR the proposed rule, are available via the seine vessels from fishing in the
Supplement part 1831. Federal e-rulemaking Portal, at Convention Area between the latitudes
* * * * * www.regulations.gov (search for Docket of 20 °N. and 20 °S. without a WCPFC
[FR Doc. 2016–14851 Filed 6–23–16; 8:45 am] ID NOAA–NMFS–2016–0031). Those observer on board, with the exception of
BILLING CODE 7510–13–P documents are also available from fishing trips during which any fishing in
NMFS at the following address: Michael the Convention Area takes place entirely
Tosatto, Regional Administrator, NMFS, within areas under the jurisdiction of a
DEPARTMENT OF COMMERCE Pacific Islands Regional Office (PIRO), single nation other than the United
1845 Wasp Blvd., Building 176, States. Although U.S. purse seine
National Oceanic and Atmospheric Honolulu, HI 96818. vessels are exempt from this
Administration A final regulatory flexibility analysis requirement on trips in which fishing
(FRFA) prepared under authority of the occurs only in the waters of a single
50 CFR Part 300 Regulatory Flexibility Act is included in foreign nation, it is expected that such
the Classification section of the foreign nations will require that U.S.
[Docket No. 160205084–6510–02]
SUPPLEMENTARY INFORMATION section of purse seine vessels carry observers if
RIN 0648–BF76 this document. fishing in their waters.
FOR FURTHER INFORMATION CONTACT: Tom A WCPFC observer is an observer
International Fisheries; Western and deployed from an observer program that
Graham, NMFS PIRO, 808–725–5032.
Central Pacific Fisheries for Highly has been authorized by the Commission
Migratory Species; Purse Seine SUPPLEMENTARY INFORMATION:
to be part of the WCPFC Regional
Observer Requirements, and Fishing Background Observer Programme (see definition at
Restrictions and Limits in Purse Seine 50 CFR 300.211). Currently, the Pacific
On April 27, 2016, NMFS published
and Longline Fisheries for 2016–2017 Islands Forum Fisheries Agency (FFA)
a proposed rule in the Federal Register
AGENCY: National Marine Fisheries (81 FR 24772). The proposed rule was observer program, from which observers
Service (NMFS), National Oceanic and open for public comment until May 12, for the U.S. WCPO purse seine fleet
Atmospheric Administration (NOAA), 2016. have traditionally been deployed, and
Commerce. This final rule is issued under the the NMFS observer program, among
ACTION: Final rule. authority of the WCPFC Implementation others, are authorized as part of the
Act (16 U.S.C. 6901 et seq.), which WCPFC Regional Observer Programme.
SUMMARY: Under authority of the authorizes the Secretary of Commerce, Thus, observers deployed by these
Western and Central Pacific Fisheries in consultation with the Secretary of programs are considered WCPFC
Convention Implementation Act State and the Secretary of the observers.
(WCPFC Implementation Act), NMFS Department in which the United States 2. Purse Seine FAD Restrictions for
issues this final rule that, first, requires Coast Guard is operating (currently the 2016–2017
that U.S. purse seine vessels carry Department of Homeland Security), to
observers on fishing trips in the western promulgate such regulations as may be This final rule establishes restrictions
and central Pacific Ocean (WCPO); necessary to carry out the obligations of on the use of FADs by purse seine
second, establishes restrictions in 2016 the United States under the Convention, vessels, including periods in 2016 and
and 2017 on the use of fish aggregating including the decisions of the 2017 during which specific uses of
devices (FADs) by U.S. purse seine Commission for the Conservation and FADs are prohibited (FAD prohibition
vessels in the WCPO; and third, Management of Highly Migratory Fish periods), annual limits in 2016 and 2017
establishes limits in 2016 and 2017 on Stocks in the Western and Central on the number of purse seine sets that
the amount of bigeye tuna that may be Pacific Ocean (Commission or WCPFC). may be made on FADs (FAD sets), and
sradovich on DSK3GDR082PROD with RULES
captured by U.S. longline vessels in the The authority to promulgate regulations restrictions on the use of FADs on the
WCPO. This action implementing has been delegated to NMFS. high seas throughout 2017.
specific provisions of Conservation and This final rule implements specific Specifically, this final rule establishes
Management Measure (CMM) 2015–01 provisions of the Commission’s FAD prohibition periods from July 1
is necessary to satisfy the obligations of Conservation and Management Measure through September 30 in each of 2016
the United States as a Contracting Party (CMM) 2015–01, ‘‘Conservation and and 2017, a limit of 2,522 FAD sets in
to the Convention on the Conservation Management Measure for Bigeye, each of 2016 and 2017, and a
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Document Created: 2016-06-24 00:53:04
Document Modified: 2016-06-24 00:53:04
| 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. | |
| Dates | Effective: July 25, 2016. | |
| Contact | Andrew O'Rourke, telephone 202-358- 4560. | |
| FR Citation | 81 FR 41238 | |
| RIN Number | 2700-AE27 | |
| CFR Citation | 48
CFR
1815 48 CFR 1852 |
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