81 FR 54783 - Remove NASA FAR Supplement Clause, Engineering Change Proposals (2016-N030)
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 159 (August 17, 2016)
Federal Register Volume 81, Issue 159 (August 17, 2016)
| Page Range | 54783-54785 | |
| FR Document | 2016-19566 |
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)] [Proposed Rules] [Pages 54783-54785] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19566] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1801, 1815, and 1852 RIN 2700-AE35 Remove NASA FAR Supplement Clause, Engineering Change Proposals (2016-N030) 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 NFS clause 1852.243-70, Engineering Change Proposals (ECPs) basic clause with its Alternate I & II and associated information collection from the NFS. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before October 17, 2016 to be considered in formulation of the final rule. ADDRESSES: Submit comments identified by NFS Case 2016-N030, using any of the following methods: [[Page 54784]] [cir] Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ``NFS Case 2016-N030'' under the heading ``Enter keyword or ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' that corresponds with ``NFS Case 2016-N030.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``NFS Case 2016-N030'' on your attached document. [cir] Email: [email protected]. Include NFS Case 2016-N030 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, LP-011, 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 NASA FAR Supplement clause 1852.243-70, Engineering Change Proposals, requires NASA contractors and vendors to submit contract change proposal information. The Office of Management and Budget (OMB) has approved the collection of this information via OMB Control Number 2700-054 that expires on September 30, 2017. In processing the request for renewal of this information collection under OMB Control Number 2700-054 and as part of NASA's continuing retrospective review of existing regulations to reduce unnecessary, outdated and/or burdensome requirements, NASA Office of Procurement (OP) surveyed its procurement offices to ascertain whether or not NFS clause 1852.243-70, Engineering Change Proposals, was necessary. The results of the review indicated that NFS clause 1852.243-70 was no longer utilized in procurements. Instead, the FAR Changes clauses (FAR 52.243-1 through 52.243-5) were being utilized to process engineering change proposals in lieu of this NFS clause. Thus, NASA is proposing to delete NFS clause 1852.243-70, Engineering Change Proposals, with its Alternate I & II and the corresponding information collection under OMB Control Number 2700-054. II. Discussion NASA is proposing the following revisions to eliminate unnecessary NFS requirements:Delete NFS segment 1843 and OMB Control Number 2700-054 from 1801.106-1. Remove the prescription at NFS 1843.205-70(a). Delete NFS clause 1852.243-70, Engineering Change Proposals. 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 proposed 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 we are removing a NFS clause and its associated information collection requirements for contractors. By removing this clause, the information collection requirement on contractors will be eliminated, thus providing all entities, both large and small, with a positive benefit. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: In preparing the request for renewal of this information collection under OMB Control Number 2700-054 and as part of NASA's continuing retrospective review of existing regulations to reduce unnecessary, outdated and/or burdensome requirements, NASA Office of Procurement its procurement offices to ascertain whether or not NFS clause 1852.243-70, Engineering Change Proposals, was necessary. The results of the review indicated that NFS clause 1852.243-70 was no longer utilized in procurements. Instead, the FAR changes clauses were being utilized to process engineering change proposals in lieu of this NFS clause. Thus, NASA is proposing to delete NFS clause 1852.243-70, Engineering Change Proposals, with its Alternate I & II and the corresponding information collection under OMB Control Number 2700-054. This proposed rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses. The proposed rule does not duplicate, overlap, or conflict with any other Federal rules. No alternative approaches were considered. NASA invites comments from small business concerns and other interested parties on the expected impact of this 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-N030) in correspondence. C. Paperwork Reduction Act The rule contains information collection requirements that require the approval of the OMB under the Paperwork Reduction Act (44 U.S.C chapter 35); however, the proposed changes to the NFS would remove the information collection requirements previously approved under OMB Control Number 2700-0054, entitled NFS 1843 Contract Modifications for Engineering Change Proposals (ECP). List of Subjects in 48 CFR Parts 1801, 1843, and 1852 Government procurement. Manuel Quinones, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1801, 1843, and 1852 are proposed to be amended as follows: 0 1. The authority citation for parts 1801, 1843 and 1852 continues to read as follows: Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM 0 2. Revise Section 1801.106 to read as follows: 1801.106 OMB approval under the Paperwork Reduction Act. The following OMB control numbers apply: [[Page 54785]] ------------------------------------------------------------------------ OMB Control NFS segment No. ------------------------------------------------------------------------ 1823.................................................... 2700-0089 1827.................................................... 2700-0052 1852.223-70............................................. 2700-0160 NF 533.................................................. 2700-0003 NF 1018................................................. 2700-0017 ------------------------------------------------------------------------ PART 1843--CONTRACT MODIFICATIONS 0 3. Revise Section 1843.205-70 to read as follows: 1843.205-70 NASA contract clauses. The contracting officer may insert a clause substantially as stated at 1852.243-72, Equitable Adjustments, in solicitations and contracts for-- (a) Dismantling, demolishing, or removing improvements; or (b) Construction, when the contract amount is expected to exceed the simplified acquisition threshold and a fixed-price contract is contemplated. PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1852.243-70 [Removed and reserved] 0 4. Section 1852.243-70 is removed and reserved. 1852.243-72 [Amended] 0 5. Amend section 1852.243-72 by removing ``1843.205-70(b)'' and adding ``1843.205-70'' in its place in the introductory text. [FR Doc. 2016-19566 Filed 8-16-16; 8:45 am] BILLING CODE 7510-13-P
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The affected sources covered by INFORMATION CONTACT section of this Technology Transfer and Advancement
Kentucky’s Stage II vapor recovery preamble for more information). Act of 1995 (15 U.S.C. 272 note) because
requirements are sources of VOC. Other application of those requirements would
V. Proposed Action
criteria pollutants (carbon monoxide, be inconsistent with the CAA; and
sulfur dioxide, nitrogen dioxide, EPA is proposing to approve the • does not provide EPA with the
particulate matter, and lead) are not Commonwealth of Kentucky’s May 3, discretionary authority to address, as
emitted by gasoline dispensing facilities 2016, SIP revision that changes appropriate, disproportionate human
and will not be affected by the removal Kentucky’s Stage II rule, 401 KAR health or environmental effects, using
of Stage II controls. 59:174, to allow for the removal of the practicable and legally permissible
The proposed revisions to 401 KAR Stage II requirement and the orderly methods, under Executive Order 12898
59:174 include that gasoline dispensing decommissioning of Stage II equipment. (59 FR 7629, February 16, 1994).
facilities located in Boone, Campbell EPA is proposing this approval because In addition, the SIP is not approved
and Kenton Counties shall the Agency has made the preliminary to apply on any Indian reservation land
decommission and remove the systems determination that the Commonwealth or in any other area where EPA or an
no later than December 31, 2018. of Kentucky’s May 3, 2016, SIP revision Indian tribe has demonstrated that a
Kentucky noted in its submission that related to the Commonwealth’s Stage II tribe has jurisdiction. In those areas of
the decommissioning procedures in the rule is consistent with the CAA and Indian country, the rule does not have
revised version of 401 KAR 59:174 with EPA’s regulations and guidance. tribal implications as specified by
follow Petroleum Equipment Institute Executive Order 13175 (65 FR 67249,
VI. Statutory and Executive Order
(PEI) guidance, ‘‘Recommended November 9, 2000), nor will it impose
Reviews
Practices for Installation and Testing of substantial direct costs on tribal
Under the CAA, the Administrator is governments or preempt tribal law.
Vapor Recovery Systems at Vehicle
required to approve a SIP submission
Refueling Sites,’’ PEI/RP300–09. List of Subjects in 40 CFR Part 52
that complies with the provisions of the
EPA is proposing to determine that Act and applicable federal regulations. Environmental protection, Air
Kentucky’s technical analysis is See 42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by
consistent with EPA’s guidance on Thus, in reviewing SIP submissions, reference, Nitrogen dioxide, Ozone,
removing Stage II requirements from a EPA’s role is to approve state choices, Reporting and recordkeeping
SIP, including as it relates to the provided that they meet the criteria of requirements, Volatile organic
decommissioning and phasing out of the the CAA. Accordingly, this proposed compounds.
Stage II requirements for the Northern action merely proposes to approve state
Kentucky Area. EPA is also making the Authority: 42 U.S.C. 7401 et seq.
law as meeting federal requirements and
preliminary determination that does not impose additional
Dated: August 8, 2016.
Kentucky’s SIP revision is consistent requirements beyond those imposed by Heather McTeer Toney,
with the CAA and with EPA’s state law. For that reason, this proposed Regional Administrator, Region 4.
regulations related to removal of Stage action: [FR Doc. 2016–19538 Filed 8–16–16; 8:45 am]
II requirements from the SIP and that • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P
these changes will not interfere with action’’ subject to review by the Office
any applicable requirement concerning of Management and Budget under
attainment or any other applicable Executive Orders 12866 (58 FR 51735, NATIONAL AERONAUTICS AND
requirement of the CAA, and therefore October 4, 1993) and 13563 (76 FR 3821, SPACE ADMINISTRATION
satisfy section 110(l). January 21, 2011);
IV. Incorporation by Reference • does not impose an information 48 CFR Parts 1801, 1815, and 1852
collection burden under the provisions RIN 2700–AE35
In this rule, EPA is proposing to of the Paperwork Reduction Act (44
include in a final EPA rule regulatory U.S.C. 3501 et seq.); Remove NASA FAR Supplement
text that includes incorporation by • is certified as not having a Clause, Engineering Change Proposals
reference. In accordance with significant economic impact on a (2016–N030)
requirements of 1 CFR 51.5, EPA is substantial number of small entities
proposing to incorporate by reference under the Regulatory Flexibility Act (5 AGENCY: National Aeronautics and
Kentucky Regulation 401 KAR 59:174— U.S.C. 601 et seq.); Space Administration.
Stage II controls at gasoline dispensing • does not contain any unfunded ACTION: Proposed rule.
facilities, effective March 4, 2016. EPA mandate or significantly or uniquely
has made, and will continue to make, SUMMARY: National Aeronautics and
affect small governments, as described
these materials generally available Space Administration (NASA) is
in the Unfunded Mandates Reform Act
through www.regulations.gov and/or at proposing to amend the NASA FAR
of 1995 (Pub. L. 104–4);
the EPA Region 4 office (please contact • does not have Federalism Supplement (NFS) to remove NFS
the person identified in the FOR FURTHER implications as specified in Executive clause 1852.243–70, Engineering
Order 13132 (64 FR 43255, August 10, Change Proposals (ECPs) basic clause
the UST. Unless it is lost as a fugitive emission, any 1999); with its Alternate I & II and associated
tank pressure in excess of the rating of the pressure/ • is not an economically significant information collection from the NFS.
mstockstill on DSK3G9T082PROD with PROPOSALS
vacuum valve is vented to the atmosphere over the regulatory action based on health or DATES: Comments on the proposed rule
course of a day. See EPA, Guidance on Removing should be submitted in writing to the
Stage II Gasoline Vapor Control Programs from State safety risks subject to Executive Order
Implementation Plans and Assessing Comparable 13045 (62 FR 19885, April 23, 1997); address shown below on or before
Measures, EPA–457/B–12–001 (Aug. 7, 2012), • is not a significant regulatory action October 17, 2016 to be considered in
available at: https://www.epa.gov/ozone-pollution/ subject to Executive Order 13211 (66 FR formulation of the final rule.
ozone-stage-two-vapor-recovery-rule-and-guidance.
28355, May 22, 2001); ADDRESSES: Submit comments
Thus, as ORVR technology is phased in, the amount
of emission control that is gained through Stage II • is not subject to requirements of identified by NFS Case 2016–N030,
systems decreases. Section 12(d) of the National using any of the following methods:
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OMB Control 1843.205–70 NASA contract clauses. PART 1852—SOLICITATION
NFS segment No. PROVISIONS AND CONTRACT
The contracting officer may insert a
CLAUSES
1823 ...................................... 2700–0089 clause substantially as stated at
1827 ...................................... 2700–0052 1852.243–72, Equitable Adjustments, in 1852.243–70 [Removed and reserved]
1852.223–70 ......................... 2700–0160 solicitations and contracts for— ■ 4. Section 1852.243–70 is removed
NF 533 .................................. 2700–0003 (a) Dismantling, demolishing, or and reserved.
NF 1018 ................................ 2700–0017 removing improvements; or
1852.243–72 [Amended]
(b) Construction, when the contract
PART 1843—CONTRACT ■ 5. Amend section 1852.243–72 by
amount is expected to exceed the
removing ‘‘1843.205–70(b)’’ and adding
MODIFICATIONS simplified acquisition threshold and a ‘‘1843.205–70’’ in its place in the
fixed-price contract is contemplated. introductory text.
■ 3. Revise Section 1843.205–70 to read
as follows: [FR Doc. 2016–19566 Filed 8–16–16; 8:45 am]
BILLING CODE 7510–13–P
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Document Created: 2018-02-09 11:35:13
Document Modified: 2018-02-09 11:35:13
| 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 54783 | |
| RIN Number | 2700-AE35 | |
| CFR Citation | 48
CFR
1801 48 CFR 1815 48 CFR 1852 |
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