81 FR 75344 - NASA Federal Acquisition Regulation Supplement: Remove NASA FAR Supplement Clause Engineering Change Proposals (2016-N030)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 210 (October 31, 2016)

Page Range		75344-75345
FR Document		2016-26174

NASA is issuing a final rule amending the NASA Federal Acquisition Regulation Supplement (NFS) to remove the Engineering Change Proposals (ECPs) basic clause with its Alternate I & II and associated information collection from the NFS.

Federal Register, Volume 81 Issue 210 (Monday, October 31, 2016)

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Rules and Regulations]
[Pages 75344-75345]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26174]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1843 and 1852

RIN 2700-AE35


NASA Federal Acquisition Regulation Supplement: Remove NASA FAR 
Supplement Clause Engineering Change Proposals (2016-N030)

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 the Engineering 
Change Proposals (ECPs) basic clause with its Alternate I & II and 
associated information collection from the NFS.

DATES: Effective: November 30, 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 
54783 on August 17, 2016, to amend the NFS to remove contract clause 
1852.243-70, Engineering Change Proposals (ECPs)

[[Page 75345]]

with its Alternate I & II and associated information collection from 
the NFS. Six comments were received in response to the proposed rule.

II. Discussion and Analysis

    NASA reviewed the public comments received in the development of 
the final rule. The six comments received were advertisements for 
personal services from the same respondent and completely unrelated to 
the purpose of this rule. Therefore, no change was made to the final 
rule as a result of the public comments received.

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:
    The National Aeronautics and Space Administration (NASA) is issuing 
a final rule 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 because the NFS clause is no longer used in procurements and is 
duplicative to FAR requirements. NASA conducted a retrospective review 
of its regulations and determined NFS clause 1852.243-70 should be 
removed along with the corresponding information collection requirement 
OMB Control No. 2700--054.
    No changes were made to the final rule as a result of public 
comments received. Comments received in response to the proposed rule 
were advertisements for personal services and deemed out of scope.
    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 we are 
removing a NFS clause and its associated information collection 
requirements for contractors. By removing this clause, the information 
collection burden on contractors will be reduced, thus providing all 
entities, both large and small, with a positive benefit.
    This rule does not include any new reporting, recordkeeping, or 
other compliance requirements for small businesses. There are no 
significant alternatives that could further minimize the already 
minimal impact on businesses, small or large.

V. 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 changes to the NFS removes 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 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:

------------------------------------------------------------------------
                                                                 OMB
                        NFS Segment                            control
                                                                 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.

[FR Doc. 2016-26174 Filed 10-28-16; 8:45 am]
 BILLING CODE 7510-13-P

75344 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations

for small NGSO-like space station Certification, to the Chief Counsel for ■ 3. Amend § 25.157 by revising
operators in the long-term. Advocacy of the Small Business paragraph (e) and removing paragraph
Administration. (g)(3) to read as follows:
Report to Congress
It is further ordered, that the Chief, * * * * *
The Commission will send a copy of International Bureau is delegated (e)(1) In the event that there is
this Second Report and Order, authority to modify satellite licenses insufficient spectrum in the frequency
including this FRFA, in a report to be consistent with the provisions of this band available to accommodate all the
sent to Congress pursuant to the Order above. qualified applicants in a processing
Congressional Review Act. In addition, It is further ordered, that this round, the available spectrum will be
the Commission will send a copy of this proceeding is terminated pursuant to divided equally among the licensees
Order, including this FRFA, to the Chief section 4(i) and 4(j) of the whose applications are granted pursuant
Counsel for Advocacy of the SBA. A Communications Act, 47 U.S.C. 154(i) to paragraph (d) of this section, except
copy of this Report and Order and FRFA and (j), absent applications for review or as set forth in paragraph (e)(2) of this
(or summaries thereof) will also be further appeals of this Second Order on section.
published in the Federal Register. Reconsideration. (2) In cases where one or more
Legal Basis Federal Communications Commission. applicants apply for less spectrum than
Marlene H. Dortch, they would be warranted under
The action is authorized under
Secretary. paragraph (e)(1) of this section, those
sections 4(i), 7(a), 303(c), 303(f), 303(g),
applicants will be assigned the
and 303(r) of the Communications Act List of Subjects in 47 CFR Part 25 bandwidth amount they requested in
of 1934, as amended, 47 U.S.C. 154(i),
Administrative practice and their applications. In those cases, the
157(a), 161, 303(c), 303(f), 303(g), and
procedure, Earth stations, Satellites. remaining qualified applicants will be
303(r).
assigned the lesser of the amount of
For the reasons discussed in the
Ordering Clauses spectrum they requested in their
preamble, the Federal Communications
It is ordered, that pursuant to sections applications, or the amount of spectrum
Commission amends 47 CFR part 25 as
4(i), 301, 302, 303(r), 308, 309, and 310 that they would be assigned if the
follows:
of the Communications Act, 47 U.S.C. available spectrum were divided equally
154(i), 301, 302, 303(r), 308, 309, and PART 25—SATELLITE among the remaining qualified
310, and section 1.429 of the COMMUNICATIONS applicants.
Commission’s rules, 47 CFR 1.429, the * * * * *
petitions for reconsideration listed in ■ 1. The authority citation for part 25 [FR Doc. 2016–25935 Filed 10–28–16; 8:45 am]
Appendix A to the Second Order on continues to read as follows: BILLING CODE 6712–01–P
Reconsideration are granted in part, Authority: Interprets or applies 47 U.S.C.
denied in part, and dismissed as moot 154, 301, 302, 303, 307, 309, 310, 319, 332,
in part, to the extent indicated above. 605, and 721, unless otherwise noted. NATIONAL AERONAUTICS AND
It is further ordered, pursuant to ■ 2. Revise § 25.137(g) to read as SPACE ADMINISTRATION
sections 4(i), 7(a), 303(c), 303(f), 303(g), follows:
and 303(r) of the Communications Act 48 CFR Parts 1801, 1843 and 1852
of 1934, as amended, 47 U.S.C. 154(i), § 25.137 Requests for U.S. market access
through non-U.S.-licensed space stations. RIN 2700–AE35
157(a), 303(c), 303(f), 303(g), 303(r), that
this Second Order on Reconsideration * * * * * NASA Federal Acquisition Regulation
in IB Docket 02–34 is hereby adopted. (g) A non-U.S.-licensed satellite Supplement: Remove NASA FAR
It is further ordered, that part 25 of the operator that acquires control of a non- Supplement Clause Engineering
Commission’s Rules is amended as set U.S.-licensed space station that has been Change Proposals (2016–N030)
forth in Appendix B of the Second permitted to serve the United States
Order on Reconsideration and section must notify the Commission within 30 AGENCY: National Aeronautics and
25.157 is revised to remove the ‘‘three- days after consummation of the Space Administration.
licensee presumption’’ as well as the transaction so that the Commission can ACTION: Final rule.
requirement that the Commission afford interested parties an opportunity
to comment on whether the transaction SUMMARY: NASA is issuing a final rule
withhold spectrum for use in a
affected any of the considerations we amending the NASA Federal
subsequent processing round if fewer
made when we allowed the satellite Acquisition Regulation Supplement
than three qualified applicants are
operator to enter the U.S. market. A (NFS) to remove the Engineering Change
licensed in the initial processing round.
non-U.S.-licensed satellite that has been Proposals (ECPs) basic clause with its
It is further ordered, that section
transferred to new owners may continue Alternate I & II and associated
25.137(g) is amended to clarify that
to provide service in the United States information collection from the NFS.
satellite operators are allowed to notify
the Commission of transfers of unless and until the Commission DATES: Effective: November 30, 2016.
ownership of Permitted List satellites determines otherwise. If the transferee FOR FURTHER INFORMATION CONTACT:
after the transfer takes place. or assignee is not licensed by, or seeking Andrew O’Rourke, telephone 202–358–
It is further ordered, that all rule a license from, a country that is a 4560.
revisions will be effective on the same member of the World Trade SUPPLEMENTARY INFORMATION:
date, which will be announced in a Organization for services covered under
Lhorne on DSK30JT082PROD with RULES

Public Notice. the World Trade Organization Basic I. Background
It is further ordered, that the Telecommunications Agreement, the NASA published a proposed rule in
Consumer Information Bureau, non-U.S.-licensed satellite operator will the Federal Register at 81 FR 54783 on
Reference Information Center, shall be required to make the showing August 17, 2016, to amend the NFS to
send a copy of this Order, including the described in paragraph (a) of this remove contract clause 1852.243–70,
Final Regulatory Flexibility section. Engineering Change Proposals (ECPs)

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Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations 75345

with its Alternate I & II and associated within the meaning of the Regulatory 1843.205–70 NASA contract clauses.
information collection from the NFS. Flexibility Act, 5 U.S.C. 601 et seq., The contracting officer may insert a
Six comments were received in because we are removing a NFS clause clause substantially as stated at
response to the proposed rule. and its associated information collection 1852.243–72, Equitable Adjustments, in
requirements for contractors. By solicitations and contracts for—
II. Discussion and Analysis
removing this clause, the information (a) Dismantling, demolishing, or
NASA reviewed the public comments collection burden on contractors will be removing improvements; or
received in the development of the final reduced, thus providing all entities, (b) Construction, when the contract
rule. The six comments received were both large and small, with a positive amount is expected to exceed the
advertisements for personal services benefit. simplified acquisition threshold and a
from the same respondent and This rule does not include any new fixed-price contract is contemplated.
completely unrelated to the purpose of reporting, recordkeeping, or other
this rule. Therefore, no change was compliance requirements for small PART 1852—SOLICITATION
made to the final rule as a result of the businesses. There are no significant PROVISIONS AND CONTRACT
public comments received. alternatives that could further minimize CLAUSES
III. Executive Orders 12866 and 13563 the already minimal impact on 1852.243–70 [Removed and Reserved]
businesses, small or large.
Executive Orders (E.O.s) 12866 and ■ 4. Section 1852.243–70 is removed
13563 direct agencies to assess all costs V. Paperwork Reduction Act and reserved.
and benefits of available regulatory The rule contains information
alternatives and, if regulation is 1852.243–72 [Amended]
collection requirements that require the
necessary, to select regulatory approval of the OMB under the ■ 5. Amend section 1852.243–72 by
approaches that maximize net benefits Paperwork Reduction Act (44 U.S.C. removing ‘‘1843.205–70(b)’’ and adding
(including potential economic, chapter 35); however, the changes to the ‘‘1843.205–70’’ in its place.
environmental, public health and safety NFS removes the information collection [FR Doc. 2016–26174 Filed 10–28–16; 8:45 am]
effects, distributive impacts, and requirements previously approved BILLING CODE 7510–13–P
equity). E.O. 13563 emphasizes the under OMB Control Number 2700–0054,
importance of quantifying both costs entitled NFS 1843 Contract
and benefits, of reducing costs, of Modifications for Engineering Change DEPARTMENT OF COMMERCE
harmonizing rules, and of promoting Proposals (ECP).
flexibility. This is not a significant National Oceanic and Atmospheric
regulatory action and, therefore, was not List of Subjects in 48 CFR Parts 1801,
1843, and 1852 Administration
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and Government procurement. 50 CFR Part 679
Review, dated September 30, 1993. This
Manuel Quinones, [Docket No. 150818742–6210–02]
rule is not a major rule under 5 U.S.C.
804. NASA FAR Supplement Manager.
RIN 0648–XF007
Accordingly, 48 CFR parts 1801, 1843,
IV. Regulatory Flexibility Act and 1852 are amended as follows: Fisheries of the Exclusive Economic
A final regulatory flexibility analysis ■ 1. The authority citation for parts Zone Off Alaska; Groundfish by
has been prepared consistent with the 1801, 1843 and 1852 continues to read Vessels Using Trawl Gear in the of the
Regulatory Flexibility Act, 5 U.S.C. 601, as follows: Gulf of Alaska
et seq., and is summarized as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR AGENCY: National Marine Fisheries
The National Aeronautics and Space chapter 1.
Administration (NASA) is issuing a Service (NMFS), National Oceanic and
final rule to amend the NASA FAR Atmospheric Administration (NOAA),
PART 1801—FEDERAL ACQUISITION
Supplement (NFS) to remove NFS Commerce.
REGULATIONS SYSTEM
clause 1852.243–70, Engineering ACTION: Temporary rule; opening.
Change Proposals (ECPs) basic clause ■ 2. Revise section 1801.106 to read as
with its Alternate I & II and associated follows: SUMMARY: NMFS is opening directed
information collection from the NFS 1801.106 OMB approval under the fishing for groundfish by vessels using
because the NFS clause is no longer Paperwork Reduction Act. trawl gear in the Gulf of Alaska (GOA).
used in procurements and is duplicative The following OMB control numbers This action is necessary to fully use the
to FAR requirements. NASA conducted apply: 2016 groundfish total allowable catch in
a retrospective review of its regulations the GOA.
and determined NFS clause 1852.243– OMB DATES: Effective 1200 hours, Alaska
NFS Segment control local time (A.l.t.), October 28, 2016,
70 should be removed along with the No.
corresponding information collection through 2400 hours, A.l.t., December 31,
requirement OMB Control No. 2700— 1823 .......................................... 2700–0089 2016.
054. 1827 .......................................... 2700–0052 Comments must be received at the
No changes were made to the final 1852.223–70 ............................. 2700–0160 following address no later than 4:30
rule as a result of public comments NF 533 ...................................... 2700–0003 p.m., A.l.t., November 15, 2016.
received. Comments received in NF 1018 .................................... 2700–0017 ADDRESSES: You may submit comments
Lhorne on DSK30JT082PROD with RULES

response to the proposed rule were on this document, identified by FDMS
advertisements for personal services and PART 1843—CONTRACT Docket Number NOAA–NMFS–2015–
deemed out of scope. MODIFICATIONS 0110, by any of the following methods:
NASA does not expect this final rule • Electronic Submission: Submit all
to have a significant economic impact ■ 3. Revise section 1843.205–70 to read electronic public comments via the
on a substantial number of small entities as follows: Federal e-Rulemaking Portal. Go to

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Document Created: 2018-02-02 12:13:42
Document Modified: 2018-02-02 12:13:42

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: November 30, 2016.
Contact		Andrew O'Rourke, telephone 202-358- 4560.
FR Citation		81 FR 75344
RIN Number		2700-AE35
CFR Citation		48 CFR 1801 48 CFR 1843 48 CFR 1852