81 FR 90228 - NASA Federal Acquisition Regulation Supplement: Revised Voucher Submission & Payment Process (NFS Case 2016-N025)
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 240 (December 14, 2016)
Federal Register Volume 81, Issue 240 (December 14, 2016)
| Page Range | 90228-90229 | |
| FR Document | 2016-29951 |
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)] [Rules and Regulations] [Pages 90228-90229] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29951] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1816, 1832, 1842, and 1852 RIN 2700-AE34 NASA Federal Acquisition Regulation Supplement: Revised Voucher Submission & Payment Process (NFS Case 2016-N025) AGENCY: National Aeronautics and Space Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NASA has adopted as final, without change, an interim rule amending the NASA Federal Acquisition Regulation Supplement (NFS) to implement revisions to the voucher submittal and payment process. DATES: Effective: December 14, 2016. FOR FURTHER INFORMATION CONTACT: Mr. John J. Lopez, telephone 202-358- 3740. SUPPLEMENTARY INFORMATION: I. Background: NASA published an interim rule in the Federal Register at 81 FR 63143 on September 14, 2016, to amend the NASA Federal Acquisition Regulation Supplement (NFS) to implement revisions to the voucher submittal and payment process. II. Discussion and Analysis There were no public comments submitted in response to the interim rule. The interim 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 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. A final regulatory flexibility analysis has been performed and is summarized as follows: The purpose of this rule is to implement revisions to the NASA voucher submittal and payment process. These revisions are necessary due to section 893 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92) prohibiting DCAA from performing audit work for non-Defense Agencies. This rule removes an outdated NFS payment clause and its associated prescription relative to the NASA voucher submittal and payment process and replaces it with a new clause that revises NASA's current cost voucher submission and payment process to ensure the continued prompt payment to its suppliers. No comments were received in response to the initial regulatory flexibility analysis. This rule applies to contractors requesting payment under cost reimbursement contracts. An analysis of data in the Federal Procurement Data System (FPDS) revealed that cost reimbursement contracts are primarily awarded to large businesses. FPDS data compiled over the past three fiscal years (FY 2013 through FY 2015) showed an average of 311 active cost reimbursement NASA contracts, of which 141 (approximately 45%) were awarded to small businesses. However, there is no significant economic or administrative cost impact to small or [[Page 90229]] large businesses because the rule does not impose any additional burden and will have a positive benefit in the way of fewer voucher rejections, rework, and payment delays. There are no new reporting requirements or recordkeeping requirements associated with this rule. Further, 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 Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35); however, these changes to the NFS do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 9000- 0070, entitled Payments--FAR Sections Affected: 52.232-1 thru 52.232-4 and 52.232-6 thru 52.232-11. List of Subjects in 48 CFR Parts 1816, 1832, 1842, and 1852 Government procurement. Manuel Quinones, NASA FAR Supplement Manager. 0 Accordingly, the interim rule amending 48 CFR parts 1816, 1832, 1842, and 1852, which was published at 81 FR 63143 on September 14, 2016, is adopted as a final rule without change. [FR Doc. 2016-29951 Filed 12-13-16; 8:45 am] BILLING CODE 7510-13-P
![90228 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Rules and Regulations
drugs that are currently within the reasonable steps to ensure such converted to a final rule, without
individual’s ESRD plan of care as well payments are not made by the facility or change.
as those likely to result from other by third parties to which the facility
III. Executive Orders 12866 and 13563
documented health care needs. This contributes as described in this
must include an overview of the health- paragraph (k). Executive Orders (E.O.s) 12866 and
related and financial risks and benefits (2) If a facility is aware that a patient 13563 direct agencies to assess all costs
of the individual market plans available is not eligible for Medicaid and is not and benefits of available regulatory
to the patient (including plans offered eligible to enroll in Medicare Part A alternatives and, if regulation is
through and outside the Exchange). and/or Part B except during the General necessary, to select regulatory
(ii) Medicare and Medicaid/Children’s Enrollment Period, and the facility is approaches that maximize net benefits
Health Insurance Coverage (CHIP) aware that the patient intends to enroll (including potential economic,
coverage, including Medicare Savings in Medicare Part A and/or Part B during environmental, public health and safety
Programs, and how enrollment in those that period, the standards under this effects, distributive impacts, and
programs will affect the patient’s access paragraph (k) will not apply with equity). E.O. 13563 emphasizes the
to and costs for health care providers, respect to payments for that patient importance of quantifying both costs
services, and prescription drugs that are until July 1, 2017. and benefits, of reducing costs, of
currently within the individual’s plan of harmonizing rules, and of promoting
Dated: November 28, 2016.
care. flexibility. This is not a significant
Andrew M. Slavitt, regulatory action and, therefore, was not
(iii) Each option’s coverage and Acting Administrator, Centers for Medicare
anticipated costs associated with subject to review under section 6(b) of
& Medicaid Services. E.O. 12866, Regulatory Planning and
transplantation, including patient and Dated: November 29, 2016.
living donor costs for pre- and post- Review, dated September 30, 1993. This
Sylvia M. Burwell, rule is not a major rule under 5 U.S.C.
transplant care.
(2) Receive current information from Secretary, Department of Health and Human 804.
Services.
the facility about premium assistance IV. Regulatory Flexibility Act
[FR Doc. 2016–30016 Filed 12–12–16; 4:15 pm]
for enrollment in an individual market NASA does not expect this final rule
health plan that may be available to the BILLING CODE 4120–01–P
to have a significant economic impact
patient from the facility, its parent on a substantial number of small entities
organization, or third parties, including within the meaning of the Regulatory
but not limited to limitations and any NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION Flexibility Act, 5 U.S.C. 601, et seq. A
associated risks of such assistance. final regulatory flexibility analysis has
(3) Receive current information about been performed and is summarized as
the facility’s, or its parent 48 CFR Parts 1816, 1832, 1842, and
1852 follows:
organization’s, contributions to patients The purpose of this rule is to
or third parties that subsidize the RIN 2700–AE34 implement revisions to the NASA
individual’s enrollment in individual voucher submittal and payment process.
market health plans for individuals on NASA Federal Acquisition Regulation
These revisions are necessary due to
dialysis, including the reimbursements Supplement: Revised Voucher
section 893 of the National Defense
for services rendered that the facility Submission & Payment Process (NFS
Authorization Act for Fiscal Year 2016
receives as a result of subsidizing such Case 2016–N025)
(Pub. L. 114–92) prohibiting DCAA from
enrollment. AGENCY: National Aeronautics and performing audit work for non-Defense
* * * * * Space Administration. Agencies. This rule removes an
■ 3. Section 494.180 is amended by ACTION: Final rule. outdated NFS payment clause and its
adding a new paragraph (k) to read as associated prescription relative to the
follows: SUMMARY: NASA has adopted as final, NASA voucher submittal and payment
without change, an interim rule process and replaces it with a new
§ 494.180 Condition: Governance. amending the NASA Federal clause that revises NASA’s current cost
* * * * * Acquisition Regulation Supplement voucher submission and payment
(k) Standard: Disclosure to Insurers of (NFS) to implement revisions to the process to ensure the continued prompt
Payments of Premiums. (1) Facilities voucher submittal and payment process. payment to its suppliers.
that make payments of premiums for DATES: Effective: December 14, 2016. No comments were received in
individual market health plans (in any FOR FURTHER INFORMATION CONTACT: Mr. response to the initial regulatory
amount), whether directly, through a John J. Lopez, telephone 202–358–3740. flexibility analysis.
parent organization (such as a dialysis SUPPLEMENTARY INFORMATION: This rule applies to contractors
corporation), or through another entity requesting payment under cost
(including by providing contributions to I. Background: reimbursement contracts. An analysis of
entities that make such payments) NASA published an interim rule in data in the Federal Procurement Data
must— the Federal Register at 81 FR 63143 on System (FPDS) revealed that cost
(i) Disclose to the applicable issuer September 14, 2016, to amend the reimbursement contracts are primarily
each policy for which a third party NASA Federal Acquisition Regulation awarded to large businesses. FPDS data
payment described in this paragraph (k) Supplement (NFS) to implement compiled over the past three fiscal years
will be made, and (FY 2013 through FY 2015) showed an
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revisions to the voucher submittal and
(ii) Obtain assurance from the issuer payment process. average of 311 active cost
that the issuer will accept such reimbursement NASA contracts, of
payments for the duration of the plan II. Discussion and Analysis which 141 (approximately 45%) were
year. If such assurances are not There were no public comments awarded to small businesses. However,
provided, the facility shall not make submitted in response to the interim there is no significant economic or
payments of premiums and shall take rule. The interim rule has been administrative cost impact to small or
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![Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Rules and Regulations 90229
large businesses because the rule does Street SW., Washington, DC 20423– have a right to file a written statement
not impose any additional burden and 0001. describing all or any facts and
will have a positive benefit in the way FOR FURTHER INFORMATION CONTACT: circumstances concerning a matter
of fewer voucher rejections, rework, and Scott M. Zimmerman at (202) 245–0386. under investigation. The Board should
payment delays. [Assistance for the hearing impaired is separate the investigative and
There are no new reporting available through the Federal decisionmaking functions of Board staff
requirements or recordkeeping Information Relay Service (FIRS) at 1– to the extent practicable.
requirements associated with this rule. Investigations must be dismissed if
800–877–8339.]
Further, there are no significant they are not concluded with
SUPPLEMENTARY INFORMATION: Section 12
alternatives that could further minimize administrative finality within one year
of the Surface Transportation Board after commencement.2 In any such
the already minimal impact on Reauthorization Act of 2015, Public Law
businesses, small or large. investigation, Board staff must make
114–110, 129 Stat. 2228 (2015) (STB available to the parties under
V. Paperwork Reduction Act Reauthorization Act or Act) (see 49 investigation and the Board Members
U.S.C. 11701) authorizes the Board to any recommendations made as a result
The rule contains information
investigate, on its own initiative, issues of the investigation and a summary of
collection requirements that require the
that are ‘‘of national or regional the findings that support such
approval of the Office of Management
significance’’ and are subject to the recommendations. Within 90 days of
and Budget under the Paperwork
Board’s jurisdiction under 49 U.S.C. receiving the recommendations and
Reduction Act (44 U.S.C. chapter 35);
Subtitle IV, Part A. Under Section 12, summary of findings, the Board must
however, these changes to the NFS do
the Board must issue rules either dismiss the investigation if no
not impose additional information
implementing this investigative further action is warranted, or initiate a
collection requirements to the
authority not later than one year after proceeding to determine whether a
paperwork burden previously approved
the date of enactment of the STB provision of 49 U.S.C. Subtitle IV, Part
under OMB Control Number 9000–0070,
Reauthorization Act (by December 18, A has been violated. Any remedy that
entitled Payments—FAR Sections
2016). the Board may order as a result of such
Affected: 52.232–1 thru 52.232–4 and
By decision served on May 16, 2016, a proceeding may only be applied
52.232–6 thru 52.232–11.
the Board issued a Notice of Proposed prospectively.
List of Subjects in 48 CFR Parts 1816, Rulemaking (NPRM) in which the Board The STB Reauthorization Act further
1832, 1842, and 1852 proposed rules for investigations requires that the rules issued under
Government procurement. conducted on the Board’s own initiative Section 12 comply with the
pursuant to Section 12 of the STB requirements of 49 U.S.C. 11701(d) (as
Manuel Quinones, Reauthorization Act. The proposed amended by the STB Reauthorization
NASA FAR Supplement Manager. rules were published in the Federal Act), satisfy due process requirements,
■ Accordingly, the interim rule Register, 81 FR 30,510 (May 17, 2016), and take into account ex parte
amending 48 CFR parts 1816, 1832, and comments were submitted in constraints.
1842, and 1852, which was published at response to the NPRM.1
After consideration of parties’ Discussion of Issues Raised in Response
81 FR 63143 on September 14, 2016, is to the NPRM
adopted as a final rule without change. comments, the Board is adopting final
rules, to be set forth at 49 CFR part In the NPRM, the Board proposed a
[FR Doc. 2016–29951 Filed 12–13–16; 8:45 am]
1122, that establish the procedures for three-stage process, consisting of (1)
BILLING CODE 7510–13–P Board investigations conducted Preliminary Fact-Finding, (2) Board-
pursuant to Section 12 of the STB Initiated Investigations, and (3) Formal
Reauthorization Act. These final rules Board Proceedings. Having considered
SURFACE TRANSPORTATION BOARD do not apply to other types of the comments, the Board will adopt this
investigations that the Board may three-stage process in the final rules,
49 CFR Part 1122 conduct. subject to certain modifications from
[Docket No. EP 731] what was proposed in the NPRM. Below
Introduction
we address the comments received in
Rules Relating to Board-Initiated The STB Reauthorization Act response to the NPRM pertaining to
Investigations provides a basic framework for each stage, as well as other related
conducting investigations on the issues, and the Board’s responses,
AGENCY: Surface Transportation Board. Board’s own initiative, as follows: including modifications from the
ACTION: Final rules. Within 30 days after initiating an NPRM. The final rules are below.
investigation, the Board must provide
SUMMARY: The Surface Transportation notice to parties under investigation A. Preliminary Fact-Finding
Board (Board or STB) is adopting final stating the basis for such investigation. As proposed in the NPRM,
rules for investigations conducted on The Board may only investigate issues Preliminary Fact-Finding refers to the
the Board’s own initiative pursuant to that are of national or regional process in which Board staff would
Section 12 of the Surface Transportation significance. Parties under investigation conduct, at their discretion, an initial,
Board Reauthorization Act of 2015. informal, nonpublic inquiry regarding
DATES: These rules are effective on 1 The Board received comments and replies from
an issue. The purpose of the Preliminary
January 13, 2017. the following: Association of American Railroads Fact-Finding would be to determine if
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(AAR); City of Jersey City, Rails to Trails
ADDRESSES: Information or questions Conservancy (Jersey City) (comments only); there is enough information to warrant
regarding these final rules should National Grain and Feed Association (NGFA); The
reference Docket No. EP 731 and be in National Industrial Transportation League (NITL) 2 The one-year deadline for investigations
(comments only); Norfolk Southern Railway conducted on the Board’s own initiative does not
writing addressed to Chief, Section of Company (NSR); and SMART/Transportation include any Board proceeding conducted
Administration, Office of Proceedings, Division, New York State Legislative Board subsequent to the investigation. S. Rep. No. 114–52,
Surface Transportation Board, 395 E (SMART/TD–NY). at 13 (2015).
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Document Created: 2016-12-14 00:48:45
Document Modified: 2016-12-14 00:48:45
| 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: December 14, 2016. | |
| Contact | Mr. John J. Lopez, telephone 202-358- 3740. | |
| FR Citation | 81 FR 90228 | |
| RIN Number | 2700-AE34 | |
| CFR Citation | 48
CFR
1816 48 CFR 1832 48 CFR 1842 48 CFR 1852 |
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