83 FR 29038 - NASA Federal Acquisition Regulation Supplement: Removal of Definitions (NFS Case 2018-N017)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 121 (June 22, 2018)

Page Range		29038-29039
FR Document		2018-13475

NASA is issuing a final rule to amend the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) to remove definitions which affect only the internal Agency administrative procedures and have no cost or administrative impact on contractors or prospective contractors.

Federal Register, Volume 83 Issue 121 (Friday, June 22, 2018)

[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29038-29039]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13475]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1802

RIN 2700-AE46


NASA Federal Acquisition Regulation Supplement: Removal of 
Definitions (NFS Case 2018-N017)

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: NASA is issuing a final rule to amend the NASA Federal 
Acquisition Regulation (FAR) Supplement (NFS) to remove definitions 
which affect only the internal Agency administrative procedures and 
have no cost or administrative impact on contractors or prospective 
contractors.

DATES: This final rule is effective August 21, 2018. Comments due on or 
before July 23, 2018. If adverse comments are received, NASA will 
publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Submit comments identified by NFS Case 2018-N017, using any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by searching for 
``NFS Case 2018-N017''. Select the link ``Comment Now'' that 
corresponds with ``NFS Case 2018-N017''. Follow the instructions 
provided on the screen. Please include your name, company name (if 
any), and ``NFS Case 2018-N017'' on any uploaded files.''
     Email: [email protected]. Include ``NFS Case 2018-
N017'' in the subject line of the message.

FOR FURTHER INFORMATION CONTACT: Geoffrey S. Sage, NASA Headquarters, 
Office of Procurement, Contract and Grant Policy Division, Suite 5K32, 
300 E Street SW, Washington, DC 20456-0001. Telephone 202-358-2420.

SUPPLEMENTARY INFORMATION:

I. Background

    NFS part 1802, Definitions of Words and Terms, contains the 
following definitions that affect only the internal Agency 
administrative procedures and have no cost or administrative impact on 
contractors or prospective contractors: Administrator, Contracting 
activity, Head of the agency or agency head, Head of the contracting 
activity (HCA), NASA Acquisition internet Service (NAIS), Procurement 
officer, and Senior Procurement Executive. Pursuant to Executive Order 
13563, Improving Regulation and Regulatory

[[Page 29039]]

Review, and Executive Order 13777, Enforcing the Regulatory Reform 
Agenda, NASA is continually reviewing existing regulations with the 
objective of reducing or removing any unnecessary, outdated and 
burdensome requirements that have outlived their intended purpose. 
Because the definitions affect only the internal Agency administrative 
procedures they can be removed from the regulatory section of the NFS.
    NASA does not anticipate opposition to the changes or significant 
adverse comments. However, if the Agency receives significant adverse 
comment, it will withdraw this final rule by publishing a document in 
the Federal Register. A significant adverse comment is one that 
explains: (1) Why the final rule is inappropriate, including challenges 
to the rule's underlying premise or approach; or (2) why the final rule 
will be ineffective or unacceptable without change. In determining 
whether a comment necessitates withdrawal of this 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 
(FAR). 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 final rule is not required to be published for public comment 
because it makes nonsubstantive changes to Agency regulations that has 
no impact on contractors or prospective offerors as the definitions 
being removed affect only the internal Agency administrative 
procedures.

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. Executive Order 13371

    This rule is not subject to Executive Order (E.O.) 13771, Reducing 
Regulation and Controlling Regulatory Costs, because this rule is not a 
significant regulatory action under E.O. 12866.

V. 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.

VI. 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 1802

    Government procurement.

Geoffrey Sage,
NASA FAR Supplement Manager.

PART 1802--[REMOVED]

0
Accordingly, under the authority of 51 U.S.C. 20113(a), 48 CFR part 
1802 is removed.

[FR Doc. 2018-13475 Filed 6-21-18; 8:45 am]
 BILLING CODE 7510-13-P

29038 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations

under Executive Order 12898, entitled and pests, Reporting and recordkeeping NATIONAL AERONAUTICS AND
‘‘Federal Actions to Address requirements. SPACE ADMINISTRATION
Environmental Justice in Minority Dated: June 1, 2018.
Populations and Low-Income 48 CFR Parts 1802
Populations’’ (59 FR 7629, February 16, Daniel J. Rosenblatt,
RIN 2700–AE46
1994). Deputy Director Registration Division, Office
Since tolerances and exemptions that of Pesticide Programs.
NASA Federal Acquisition Regulation
are established on the basis of a petition Supplement: Removal of Definitions
Therefore, 40 CFR chapter I is
under FFDCA section 408(d), such as (NFS Case 2018–N017)
amended as follows:
the tolerance in this final rule, do not
require the issuance of a proposed rule, AGENCY: National Aeronautics and
PART 180—[AMENDED] Space Administration.
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et ACTION: Direct final rule.
■ 1. The authority citation for part 180
seq.), do not apply.
continues to read as follows: SUMMARY: NASA is issuing a final rule
This action directly regulates growers, to amend the NASA Federal Acquisition
food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371.
Regulation (FAR) Supplement (NFS) to
retailers, not States or tribes, nor does remove definitions which affect only the
this action alter the relationships or ■ 2. In § 180.686, add alphabetically the
commodities: ‘‘Bluegrass, forage’’; internal Agency administrative
distribution of power and procedures and have no cost or
responsibilities established by Congress ‘‘Bluegrass, hay’’; ‘‘Bluegrass, straw’’;
‘‘Bromegrass, forage’’; ‘‘Bromegrass, administrative impact on contractors or
in the preemption provisions of FFDCA prospective contractors.
section 408(n)(4). As such, the Agency hay’’; ‘‘Bromegrass, straw’’; ‘‘Fescue,
forage’’; ‘‘Fescue, hay’’; ‘‘Fescue, straw’’; DATES: This final rule is effective August
has determined that this action will not
have a substantial direct effect on States ‘‘Orchardgrass, forage’’; ‘‘Orchardgrass, 21, 2018. Comments due on or before
or tribal governments, on the hay’’; ‘‘Orchardgrass, straw’’; ‘‘Ryegrass, July 23, 2018. If adverse comments are
relationship between the national forage’’; ‘‘Ryegrass, hay’’; and ‘‘Ryegrass, received, NASA will publish a timely
government and the States or tribal straw’’ to the table in paragraph (a) to withdrawal of the rule in the Federal
governments, or on the distribution of read as follows: Register.
power and responsibilities among the ADDRESSES: Submit comments
various levels of government or between § 180.686 Benzovindiflupyr; tolerances for identified by NFS Case 2018–N017,
residues. using any of the following methods:
the Federal Government and Indian
tribes. Thus, the Agency has determined (a) * * * • Federal eRulemaking Portal: http://
that Executive Order 13132, entitled www.regulations.gov. Submit comments
‘‘Federalism’’ (64 FR 43255, August 10, Parts per via the Federal eRulemaking portal by
Commodity
1999) and Executive Order 13175, million searching for ‘‘NFS Case 2018–N017’’.
entitled ‘‘Consultation and Coordination Select the link ‘‘Comment Now’’ that
with Indian Tribal Governments’’ (65 FR corresponds with ‘‘NFS Case 2018–
67249, November 9, 2000) do not apply * * * * * N017’’. Follow the instructions
to this action. In addition, this action Bluegrass, forage ....................... 0.15 provided on the screen. Please include
does not impose any enforceable duty or Bluegrass, hay ............................ 7.0 your name, company name (if any), and
contain any unfunded mandate as Bluegrass, straw ......................... 6.0 ‘‘NFS Case 2018–N017’’ on any
Bromegrass, forage .................... 0.15 uploaded files.’’
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C. Bromegrass, hay ........................ 7.0 • Email: geoffrey.s.sage@nasa.gov.
Bromegrass, straw ...................... 6.0 Include ‘‘NFS Case 2018–N017’’ in the
1501 et seq.).
This action does not involve any subject line of the message.
* * * * *
technical standards that would require FOR FURTHER INFORMATION CONTACT:
Fescue, forage ............................ 0.15
Agency consideration of voluntary Geoffrey S. Sage, NASA Headquarters,
Fescue, hay ................................ 7.0
consensus standards pursuant to section Fescue, straw ............................. 6.0
Office of Procurement, Contract and
12(d) of the National Technology Grant Policy Division, Suite 5K32, 300
Transfer and Advancement Act * * * * *
E Street SW, Washington, DC 20456–
(NTTAA) (15 U.S.C. 272 note). Orchardgrass, forage .................. 0.15 0001. Telephone 202–358–2420.
Orchardgrass, hay ...................... 7.0 SUPPLEMENTARY INFORMATION:
VII. Congressional Review Act
Orchardgrass, straw ................... 6.0 I. Background
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will * * * * * NFS part 1802, Definitions of Words
submit a report containing this rule and Ryegrass, forage ........................ 0.15 and Terms, contains the following
other required information to the U.S. Ryegrass, hay ............................. 7.0 definitions that affect only the internal
Senate, the U.S. House of Ryegrass, straw .......................... 6.0 Agency administrative procedures and
Representatives, and the Comptroller have no cost or administrative impact
General of the United States prior to * * * * * on contractors or prospective
publication of the rule in the Federal contractors: Administrator, Contracting
Register. This action is not a ‘‘major activity, Head of the agency or agency
daltland on DSKBBV9HB2PROD with RULES

[FR Doc. 2018–13454 Filed 6–21–18; 8:45 am]
rule’’ as defined by 5 U.S.C. 804(2). BILLING CODE 6560–50–P head, Head of the contracting activity
(HCA), NASA Acquisition internet
List of Subjects in 40 CFR Part 180
Service (NAIS), Procurement officer,
Environmental protection, and Senior Procurement Executive.
Administrative practice and procedure, Pursuant to Executive Order 13563,
Agricultural commodities, Pesticides Improving Regulation and Regulatory

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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29039

Review, and Executive Order 13777, importance of quantifying both costs remove reference to the supplemental
Enforcing the Regulatory Reform and benefits, of reducing costs, of rights in data special works policy and
Agenda, NASA is continually reviewing harmonizing rules, and of promoting associated clause.
existing regulations with the objective of flexibility. This is not a significant DATES: This final rule is effective August
reducing or removing any unnecessary, regulatory action and, therefore, was not 21, 2018. Comments due on or before
outdated and burdensome requirements subject to review under section 6(b) of July 23, 2018. If adverse comments are
that have outlived their intended E.O. 12866, Regulatory Planning and received, NASA will publish a timely
purpose. Because the definitions affect Review, dated September 30, 1993. This withdrawal of the rule in the Federal
only the internal Agency administrative rule is not a major rule under 5 U.S.C. Register.
procedures they can be removed from 804. ADDRESSES: Submit comments
the regulatory section of the NFS.
NASA does not anticipate opposition IV. Executive Order 13371 identified by NFS Case 2018–N016,
to the changes or significant adverse using any of the following methods:
This rule is not subject to Executive
Æ Federal eRulemaking Portal: http://
comments. However, if the Agency Order (E.O.) 13771, Reducing
www.regulations.gov. Submit comments
receives significant adverse comment, it Regulation and Controlling Regulatory
via the Federal eRulemaking portal by
will withdraw this final rule by Costs, because this rule is not a
searching for ‘‘NFS Case 2018–N016’’.
publishing a document in the Federal significant regulatory action under E.O.
Register. A significant adverse comment Select the link ‘‘Comment Now’’ that
12866.
is one that explains: (1) Why the final corresponds with ‘‘NFS Case 2018–
rule is inappropriate, including V. Regulatory Flexibility Act N016’’. Follow the instructions
challenges to the rule’s underlying The Regulatory Flexibility Act does provided on the screen. Please include
premise or approach; or (2) why the not apply to this rule because this final your name, company name (if any), and
final rule will be ineffective or rule does not constitute a significant ‘‘NFS Case 2018–N016’’ on any
unacceptable without change. In NFS revision within the meaning of uploaded files.’’
Æ Email: john.brett@nasa.gov. Include
determining whether a comment FAR 1.501–1 and 41 U.S.C. 1707 and
necessitates withdrawal of this final ‘‘NFS Case 2018–N016’’ in the subject
therefore does not require publication
rule, NASA will consider whether it line of the message.
for public comment.
warrants a substantive response in a FOR FURTHER INFORMATION CONTACT: John
notice and comment process. VI. Paperwork Reduction Act Brett, NASA Headquarters, Office of
The rule does not contain any Procurement, Contract and Grant Policy
II. Publication of This Final Rule for information collection requirements that Division, Suite 5G25, 300 E Street SW,
Public Comment Is Not Required by Washington, DC 20456–0001.
require the approval of the Office of
Statute Telephone 202–358–0687.
Management and Budget under the
Publication of proposed regulations, Paperwork Reduction Act (44 U.S.C. SUPPLEMENTARY INFORMATION:
41 U.S.C. 1707, is the statute which chapter 35). I. Background
applies to the publication of the Federal
Acquisition Regulation (FAR). List of Subjects in 48 CFR Part 1802 NFS 1827.409(i), and associated
Paragraph (a)(1) of the statute requires Government procurement. clause 1852.227–17, Rights in Data-
that a procurement policy, regulation, Special Works, require that whenever
Geoffrey Sage, the words ‘‘establish’’ and
procedure or form (including an
amendment or modification thereof) NASA FAR Supplement Manager. ‘‘establishment’’ are used in clause
must be published for public comment 52.227–17, Rights in Data, those words
PART 1802—[REMOVED] shall be construed to mean ‘‘assert’’ and
if it relates to the expenditure of
appropriated funds, and has either a ■ Accordingly, under the authority of 51 ‘‘assertion’’, respectively. In 2007,
significant effect beyond the internal U.S.C. 20113(a), 48 CFR part 1802 is 52.227–17 was modified. As a result of
operating procedures of the agency removed. the modification, the words ‘‘establish’’
issuing the policy, regulation, procedure and ‘‘establishment’’ no longer appear
[FR Doc. 2018–13475 Filed 6–21–18; 8:45 am]
or form, or has a significant cost or in the clause. With the modification of
BILLING CODE 7510–13–P
administrative impact on contractors or 52.227–17, the requirement for NFS
offerors. This final rule is not required 1827.409(i), and associated clause
to be published for public comment 1852.227–17, Rights in Data-Special
NATIONAL AERONAUTICS AND
because it makes nonsubstantive Works, is rendered unnecessary.
SPACE ADMINISTRATION
changes to Agency regulations that has Pursuant to Executive Order 13563,
no impact on contractors or prospective 48 CFR Parts 1827 and 1852 Improving Regulation and Regulatory
offerors as the definitions being Review, and Executive Order 13777,
RIN 2700–AE45 Enforcing the Regulatory Reform
removed affect only the internal Agency
administrative procedures. Agenda, NASA is continually reviewing
NASA Federal Acquisition Regulation
existing regulations with the objective of
III. Executive Orders 12866 and 13563 Supplement: Removal of Reference to
reducing or removing any unnecessary,
Executive Orders (E.O.s) 12866 and the Supplemental Rights in Data
outdated and burdensome requirements
13563 direct agencies to assess all costs Special Works Policy and Associated
that have outlived their intended
and benefits of available regulatory Clause (NFS Case 2018–N016)
purpose, NFS 1827.409(i), and
alternatives and, if regulation is
daltland on DSKBBV9HB2PROD with RULES

AGENCY: National Aeronautics and associated clause 1852.227–17, Rights in
necessary, to select regulatory Space Administration. Data-Special Works, were reviewed and
approaches that maximize net benefits ACTION: Direct final rule. recommended for removal from the NFS
(including potential economic, since they are no longer applicable
environmental, public health and safety SUMMARY: NASA is issuing a final rule under any circumstance.
effects, distributive impacts, and to amend the NASA Federal Acquisition NASA does not anticipate opposition
equity). E.O. 13563 emphasizes the Regulation (FAR) Supplement (NFS) to to the changes or significant adverse

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Document Created: 2018-11-06 09:50:25
Document Modified: 2018-11-06 09:50:25

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		Direct final rule.
Dates		This final rule is effective August 21, 2018. Comments due on or before July 23, 2018. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the Federal Register.
Contact		Geoffrey S. Sage, NASA Headquarters, Office of Procurement, Contract and Grant Policy Division, Suite 5K32, 300 E Street SW, Washington, DC 20456-0001. Telephone 202-358-2420.
FR Citation		83 FR 29038
RIN Number		2700-AE46