82 FR 38852 - NASA FAR Supplement: Preproposal/Pre-Bid Conference (2017-N023)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range		38852-38853
FR Document		2017-16962

NASA is issuing a direct final rule to amend the NASA FAR Supplement (NFS) to remove reference to the NASA Acquisition Information System (NAIS) electronic posting system and revise titles to agency directives.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)

[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38852-38853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16962]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1852

RIN 2700-AE42


NASA FAR Supplement: Preproposal/Pre-Bid Conference (2017-N023)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: NASA is issuing a direct final rule to amend the NASA FAR 
Supplement (NFS) to remove reference to the NASA Acquisition 
Information System (NAIS) electronic posting system and revise titles 
to agency directives.

DATES: This direct final rule is effective October 16, 2017. Comments 
due on or before September 15, 2017. If adverse comments are received, 
NASA will publish a timely withdrawal of the rule in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Manuel Quinones, NASA, Office of 
Procurement, telephone 202.358.2143.

SUPPLEMENTARY INFORMATION:

I. Background

    During a recent quality review of the NFS to validate the accuracy 
and relevancy of its policy, guidance, and procedures, we discovered 
(1) an outdated reference to the NASA Acquisition Information System 
(NAIS) for posting agency business opportunities and (2) superseded 
titles to NASA directives. NASA posts all business opportunities 
through the Governmentwide Point of Entry (GPE) via the Internet at 
http://www.fedbizopps.gov and agency directives are periodically 
reviewed and updated. This rule amends NFS 1852.215-77 and 1852.245-82 
to remove the reference to the NAIS electronic posting system and 
update titles to NASA policy directives respectively.
    NASA has not published a proposed rule in the Federal Register to 
make these nonsubstantive changes because they affect only the internal 
operating procedures of the Government and have no significant cost or 
administrative or cost impact on contractors or offerors. NASA does not 
anticipate opposition to the changes or significant adverse comments. 
However, if the Agency receives a significant adverse comment, it will 
withdraw this direct final rule by publishing a notice in the Federal 
Register. A significant adverse comment is one that explains: (1) Why 
the direct final rule is inappropriate, including

[[Page 38853]]

challenges to the rule's underlying premise or approach; or (2) why the 
direct final rule will be ineffective or unacceptable without a change. 
In determining whether a comment necessitates withdrawal of this direct 
final rule, NASA will consider whether it warrants a substantive 
response in a notice and comment process.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This direct final rule is not required to be published for public 
comment because it makes nonsubstantive changes to Agency regulations. 
It merely removes from the NASA FAR Supplement a reference to the NASA 
Acquisition Information System (NAIS) posting system and updates titles 
to agency-level directives.

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

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant NFS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and therefore does not 
require publication for public comment.

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 Part 1852

    Government Procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR part 1852 is amended as follows:

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for part 1852 continues to read as follows:

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


1852.215-77   [Amended]

0
2. Amend section 1852.215-77 by removing from paragraph (e) last 
sentence, the words ``using the NAIS Electronic Posting System''.


1852.245-82   [Amended]

0
3. Amend section 1852.245-82 by--
0
a. Revising the title and date of the clause;
0
b. Removing in paragraph (a)(1) ``NPD 8800.14, Policy for Real Property 
Management'' and adding ``NPD 8800.14, Policy for Real Estate 
Management'' in its place; and
0
c. Removing in paragraph (a)(2) ``NPD 8831.2, Facility Maintenance 
Management'' and adding ``NPD 8831.2, Facilities Maintenance and 
Operations Management'' in its place.
    The revision reads as follows:


1852.245-82  Occupancy management requirements.

* * * * *

Occupancy Management Requirements (September 15, 2017)

* * * * *
[FR Doc. 2017-16962 Filed 8-15-17; 8:45 am]
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38852 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations

EPA explain the reasons for departing or tribal governments, on the NATIONAL AERONAUTICS AND
from the Codex level. relationship between the national SPACE ADMINISTRATION
The Codex has not established a MRL government and the States or tribal
for 1-triacontanol. governments, or on the distribution of 48 CFR Part 1852
VIII. Conclusions power and responsibilities among the RIN 2700–AE42
various levels of government or between
Based on its assessment of 1- the Federal Government and Indian NASA FAR Supplement: Preproposal/
triacontanol, EPA concludes that there tribes. Thus, the Agency has determined Pre-Bid Conference (2017–N023)
is a reasonable certainty that no harm that Executive Order 13132, entitled
will result to the general population, or ‘‘Federalism’’ (64 FR 43255, August 10, AGENCY: National Aeronautics and
to infants and children, from aggregate 1999) and Executive Order 13175, Space Administration.
exposure to 1-triacontanol. Therefore, entitled ‘‘Consultation and Coordination ACTION: Final rule.
an exemption is established for residues with Indian Tribal Governments’’ (65 FR
of 1-triacontanol on all food 67249, November 9, 2000) do not apply SUMMARY: NASA is issuing a direct final
commodities when used in accordance to this action. In addition, this action rule to amend the NASA FAR
with label directions and good does not impose any enforceable duty or Supplement (NFS) to remove reference
agricultural practices. contain any unfunded mandate as to the NASA Acquisition Information
described under Title II of the Unfunded System (NAIS) electronic posting
IX. Statutory and Executive Order
Mandates Reform Act (UMRA) (2 U.S.C. system and revise titles to agency
Reviews
1501 et seq.). directives.
This action establishes a tolerance
This action does not involve any DATES: This direct final rule is effective
under FFDCA section 408(d) in
technical standards that would require October 16, 2017. Comments due on or
response to a petition submitted to the
Agency. The Office of Management and Agency consideration of voluntary before September 15, 2017. If adverse
Budget (OMB) has exempted these types consensus standards pursuant to section comments are received, NASA will
of actions from review under Executive 12(d) of the National Technology publish a timely withdrawal of the rule
Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act in the Federal Register.
Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). FOR FURTHER INFORMATION CONTACT:
October 4, 1993). Because this action X. Congressional Review Act Manuel Quinones, NASA, Office of
has been exempted from review under Procurement, telephone 202.358.2143.
Pursuant to the Congressional Review
Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will SUPPLEMENTARY INFORMATION:
not subject to Executive Order 13211, submit a report containing this rule and I. Background
entitled ‘‘Actions Concerning other required information to the U.S.
Regulations That Significantly Affect During a recent quality review of the
Senate, the U.S. House of
Energy Supply, Distribution, or Use’’ (66 NFS to validate the accuracy and
Representatives, and the Comptroller
FR 28355, May 22, 2001) or Executive relevancy of its policy, guidance, and
General of the United States prior to
Order 13045, entitled ‘‘Protection of procedures, we discovered (1) an
publication of the rule in the Federal
Children from Environmental Health outdated reference to the NASA
Register. This action is not a ‘‘major
Risks and Safety Risks’’ (62 FR 19885, Acquisition Information System (NAIS)
rule’’ as defined by 5 U.S.C. 804(2).
April 23, 1997). This action does not for posting agency business
contain any information collections List of Subjects in 40 CFR Part 180 opportunities and (2) superseded titles
subject to OMB approval under the Environmental protection, to NASA directives. NASA posts all
Paperwork Reduction Act (PRA), 44 Administrative practice and procedure, business opportunities through the
U.S.C. 3501 et seq., nor does it require Agricultural commodities, Pesticides Governmentwide Point of Entry (GPE)
any special considerations under and pests, Reporting and recordkeeping via the Internet at http://
Executive Order 12898, entitled requirements. www.fedbizopps.gov and agency
‘‘Federal Actions to Address directives are periodically reviewed and
Dated: July 31, 2017.
Environmental Justice in Minority updated. This rule amends NFS
Richard P. Keigwin, Jr., 1852.215–77 and 1852.245–82 to
Populations and Low-Income
Populations’’ (59 FR 7629, February 16, Director, Office of Pesticide Programs. remove the reference to the NAIS
1994). Therefore, 40 CFR chapter I is electronic posting system and update
Since tolerances and exemptions that amended as follows: titles to NASA policy directives
are established on the basis of a petition respectively.
under FFDCA section 408(d), such as PART 180—[AMENDED] NASA has not published a proposed
the tolerance in this final rule, do not rule in the Federal Register to make
■ 1. The authority citation for part 180
require the issuance of a proposed rule, these nonsubstantive changes because
continues to read as follows:
the requirements of the Regulatory they affect only the internal operating
Flexibility Act (RFA) (5 U.S.C. 601 et Authority: 21 U.S.C. 321(q), 346a and 371. procedures of the Government and have
seq.), do not apply. ■ 2. Add § 180.1345 to subpart D to read no significant cost or administrative or
This action directly regulates growers, as follows: cost impact on contractors or offerors.
food processors, food handlers, and food NASA does not anticipate opposition to
retailers, not States or tribes, nor does § 180.1345 1-Triacontanol; exemption from the changes or significant adverse
pmangrum on DSK3GDR082PROD with RULES

the requirement of a tolerance.
this action alter the relationships or comments. However, if the Agency
distribution of power and Residues of the biochemical pesticide receives a significant adverse comment,
responsibilities established by Congress 1-Triacontanol are exempt from the it will withdraw this direct final rule by
in the preemption provisions of FFDCA requirement of a tolerance in or on all publishing a notice in the Federal
section 408(n)(4). As such, the Agency food commodities. Register. A significant adverse comment
has determined that this action will not [FR Doc. 2017–17338 Filed 8–15–17; 8:45 am] is one that explains: (1) Why the direct
have a substantial direct effect on States BILLING CODE 6560–50–P final rule is inappropriate, including

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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations 38853

challenges to the rule’s underlying V. Paperwork Reduction Act DEPARTMENT OF COMMERCE
premise or approach; or (2) why the
direct final rule will be ineffective or The rule does not contain any National Oceanic and Atmospheric
unacceptable without a change. In information collection requirements that Administration
determining whether a comment require the approval of the Office of
necessitates withdrawal of this direct Management and Budget under the 50 CFR Part 635
final rule, NASA will consider whether Paperwork Reduction Act (44 U.S.C.
[Docket No. 150121066–5717–02]
it warrants a substantive response in a chapter 35).
notice and comment process. RIN 0648–XF606
List of Subjects in 48 CFR Part 1852
II. Publication of This Final Rule for
Atlantic Highly Migratory Species;
Public Comment Is Not Required by Government Procurement.
Atlantic Bluefin Tuna Fisheries
Statute
Manuel Quinones,
Publication of proposed regulations’’, AGENCY: National Marine Fisheries
NASA FAR Supplement Manager. Service (NMFS), National Oceanic and
41 U.S.C. 1707, is the statute which
applies to the publication of the Federal Accordingly, 48 CFR part 1852 is Atmospheric Administration (NOAA),
Acquisition Regulation. Paragraph (a)(1) amended as follows: Commerce.
of the statute requires that a ACTION: Temporary rule; inseason quota
procurement policy, regulation, PART 1852—SOLICITATION transfer.
procedure or form (including an PROVISIONS AND CONTRACT
amendment or modification thereof) CLAUSES SUMMARY: NMFS is transferring 30
must be published for public comment metric tons (mt) of Atlantic bluefin tuna
if it relates to the expenditure of (BFT) quota from the Reserve category
■ 1. The authority citation for part 1852
appropriated funds, and has either a to the Harpoon category. With this
continues to read as follows: transfer, the adjusted Harpoon category
significant effect beyond the internal
operating procedures of the agency Authority: 51 U.S.C. 20113(a) and 48 CFR quota for the 2017 fishing season is 68.6
issuing the policy, regulation, procedure chapter 1. mt. The 2017 Harpoon category fishery
or form, or has a significant cost or is open until November 15, 2017, or
1852.215–77 [Amended] until the Harpoon category quota is
administrative impact on contractors or
offerors. This direct final rule is not ■ 2. Amend section 1852.215–77 by reached, whichever comes first. The
required to be published for public removing from paragraph (e) last action is based on consideration of the
comment because it makes sentence, the words ‘‘using the NAIS regulatory determination criteria
nonsubstantive changes to Agency Electronic Posting System’’. regarding inseason adjustments, and
regulations. It merely removes from the applies to Atlantic tunas Harpoon
NASA FAR Supplement a reference to 1852.245–82 [Amended] category (commercial) permitted
the NASA Acquisition Information vessels.
System (NAIS) posting system and ■ 3. Amend section 1852.245–82 by—
DATES: Effective August 11, 2017
updates titles to agency-level directives. ■ a. Revising the title and date of the through November 15, 2017.
clause; FOR FURTHER INFORMATION CONTACT:
III. Executive Orders 12866 and 13563
■ b. Removing in paragraph (a)(1) ‘‘NPD Sarah McLaughlin or Brad McHale,
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs 8800.14, Policy for Real Property 978–281–9260.
and benefits of available regulatory Management’’ and adding ‘‘NPD SUPPLEMENTARY INFORMATION:
alternatives and, if regulation is 8800.14, Policy for Real Estate Regulations implemented under the
necessary, to select regulatory Management’’ in its place; and authority of the Atlantic Tunas
approaches that maximize net benefits ■ c. Removing in paragraph (a)(2) ‘‘NPD Convention Act (ATCA; 16 U.S.C. 971 et
(including potential economic, 8831.2, Facility Maintenance seq.) and the Magnuson-Stevens Fishery
environmental, public health, and safety Management’’ and adding ‘‘NPD 8831.2, Conservation and Management Act
effects, distributive impacts, and Facilities Maintenance and Operations (Magnuson-Stevens Act; 16 U.S.C. 1801
equity). E.O. 13563 emphasizes the Management’’ in its place. et seq.) governing the harvest of BFT by
importance of quantifying both costs persons and vessels subject to U.S.
The revision reads as follows: jurisdiction are found at 50 CFR part
and benefits, of reducing costs, of
harmonizing rules, and of promoting 1852.245–82 Occupancy management 635. Section 635.27 subdivides the U.S.
flexibility. This is not a significant requirements. BFT quota recommended by the
regulatory action and, therefore, was not International Commission for the
* * * * * Conservation of Atlantic Tunas (ICCAT)
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and Occupancy Management Requirements and as implemented by the United
Review, dated September 30, 1993. This (September 15, 2017) States among the various domestic
rule is not a major rule under 5 U.S.C. * * * * * fishing categories, per the allocations
804. [FR Doc. 2017–16962 Filed 8–15–17; 8:45 am] established in the 2006 Consolidated
BILLING CODE 7510–13–P
Highly Migratory Species Fishery
IV. Regulatory Flexibility Act Management Plan (2006 Consolidated
pmangrum on DSK3GDR082PROD with RULES

The Regulatory Flexibility Act does HMS FMP) (71 FR 58058, October 2,
not apply to this rule because this final 2006), as amended by Amendment 7 to
rule does not constitute a significant the 2006 Consolidated HMS FMP
NFS revision within the meaning of (Amendment 7) (79 FR 71510, December
FAR 1.501–1 and 41 U.S.C. 1707 and 2, 2014). NMFS is required under ATCA
therefore does not require publication and the Magnuson-Stevens Act to
for public comment. provide U.S. fishing vessels with a

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Document Created: 2017-08-16 10:27:13
Document Modified: 2017-08-16 10:27:13

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		Rules and Regulations
Action		Final rule.
Dates		This direct final rule is effective October 16, 2017. Comments due on or before September 15, 2017. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the Federal Register.
Contact		Manuel Quinones, NASA, Office of Procurement, telephone 202.358.2143.
FR Citation		82 FR 38852
RIN Number		2700-AE42