83 FR 29039 - NASA Federal Acquisition Regulation Supplement: Removal of Reference to the Supplemental Rights in Data Special Works Policy and Associated Clause (NFS Case 2018-N016)
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 83, Issue 121 (June 22, 2018)
Federal Register Volume 83, Issue 121 (June 22, 2018)
| Page Range | 29039-29040 | |
| FR Document | 2018-13464 |
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)] [Rules and Regulations] [Pages 29039-29040] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13464] ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1827 and 1852 RIN 2700-AE45 NASA Federal Acquisition Regulation Supplement: Removal of Reference to the Supplemental Rights in Data Special Works Policy and Associated Clause (NFS Case 2018-N016) AGENCY: National Aeronautics and Space Administration. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: NASA is issuing a final rule to amend the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) to remove reference to the supplemental rights in data special works policy and associated clause. 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-N016, using any of the following methods: [cir] Federal eRulemaking Portal: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ``NFS Case 2018-N016''. Select the link ``Comment Now'' that corresponds with ``NFS Case 2018-N016''. Follow the instructions provided on the screen. Please include your name, company name (if any), and ``NFS Case 2018-N016'' on any uploaded files.'' [cir] Email: john.brett@nasa.gov. Include ``NFS Case 2018-N016'' in the subject line of the message. FOR FURTHER INFORMATION CONTACT: John Brett, NASA Headquarters, Office of Procurement, Contract and Grant Policy Division, Suite 5G25, 300 E Street SW, Washington, DC 20456-0001. Telephone 202-358-0687. SUPPLEMENTARY INFORMATION: I. Background NFS 1827.409(i), and associated clause 1852.227-17, Rights in Data- Special Works, require that whenever the words ``establish'' and ``establishment'' are used in clause 52.227-17, Rights in Data, those words shall be construed to mean ``assert'' and ``assertion'', respectively. In 2007, 52.227-17 was modified. As a result of the modification, the words ``establish'' and ``establishment'' no longer appear in the clause. With the modification of 52.227-17, the requirement for NFS 1827.409(i), and associated clause 1852.227-17, Rights in Data-Special Works, is rendered unnecessary. Pursuant to Executive Order 13563, Improving Regulation and Regulatory 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, NFS 1827.409(i), and associated clause 1852.227-17, Rights in Data-Special Works, were reviewed and recommended for removal from the NFS since they are no longer applicable under any circumstance. NASA does not anticipate opposition to the changes or significant adverse [[Page 29040]] 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 from, 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. The rule merely removes from the NFS policy and an associated clause that are outdated. 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 Parts 1827 and 1852 Government procurement. Geoffrey Sage, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1827 and 1852 are amended as follows: 0 1. The authority citation for parts 1827 and 1852 continues to read as follows: Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. PART 1827--PATENTS, DATA, AND COPYRIGHTS 1827.409 [Amended] 0 2. Remove and reserve 1827.409(i). PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1852.227-17 [Removed and Reserved] 0 3. Remove and reserve 1852.227-17. [FR Doc. 2018-13464 Filed 6-21-18; 8:45 am] BILLING CODE 7510-13-P
![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
VerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1](https://thefederalregister.org/doc/83_FR_29160/page/1.svg)
![29040 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
comments. However, if the Agency Regulation and Controlling Regulatory SUMMARY: NASA is issuing a final rule
receives significant adverse comment, it Costs, because this rule is not a to amend the NASA Federal Acquisition
will withdraw this final rule by significant regulatory action under E.O. Regulation (FAR) Supplement (NFS) to
publishing a document in the Federal 12866. remove reference to the Shared Savings
Register. A significant adverse comment policy and associated clause.
V. Regulatory Flexibility Act
is one that explains: (1) Why the final DATES: This final rule is effective August
rule is inappropriate, including The Regulatory Flexibility Act does 21, 2018. Comments due on or before
challenges to the rule’s underlying not apply to this rule because this final July 23, 2018. If adverse comments are
premise or approach; or (2) why the rule does not constitute a significant received, NASA will publish a timely
final rule will be ineffective or NFS revision within the meaning of withdrawal of the rule in the Federal
unacceptable without change. In FAR 1.501–1 and 41 U.S.C. 1707 and Register.
determining whether a comment therefore does not require publication
necessitates withdrawal of this final for public comment. ADDRESSES: Submit comments
rule, NASA will consider whether it identified by NFS Case 2018–N008,
VI. Paperwork Reduction Act using any of the following methods:
warrants a substantive response in a
notice and comment process. The rule does not contain any Æ Federal eRulemaking Portal: http://
information collection requirements that www.regulations.gov. Submit comments
II. Publication of This Final Rule for via the Federal eRulemaking portal by
require the approval of the Office of
Public Comment Is Not Required by searching for ‘‘NFS Case 2018–N008’’.
Management and Budget under the
Statute Select the link ‘‘Comment Now’’ that
Paperwork Reduction Act (44 U.S.C.
Publication of proposed regulations, chapter 35). corresponds with ‘‘NFS Case 2018–
41 U.S.C. 1707, is the statute which N008’’. Follow the instructions
applies to the publication of the Federal List of Subjects in 48 CFR Parts 1827 provided on the screen. Please include
Acquisition Regulation (FAR). and 1852 your name, company name (if any), and
Paragraph (a)(1) of the statute requires Government procurement. ‘‘NFS Case 2018–N008’’ on any
that a procurement policy, regulation, uploaded files.’’
procedure or form (including an Geoffrey Sage, Æ Email: marilyn.seppi-1@nasa.gov.
amendment or modification thereof) NASA FAR Supplement Manager. Include ‘‘NFS Case 2018–N008’’ in the
must be published for public comment Accordingly, 48 CFR parts 1827 and subject line of the message.
if it relates to the expenditure of 1852 are amended as follows: FOR FURTHER INFORMATION CONTACT:
appropriated funds, and has either a Marilyn J. Seppi, NASA Headquarters,
■ 1. The authority citation for parts
significant effect beyond the internal Office of Procurement, Contract and
operating procedures of the agency 1827 and 1852 continues to read as
follows: Grant Policy Division, Suite 5H35, 300
issuing the policy, regulation, procedure E. Street SW, Washington, DC 20456–
or from, or has a significant cost or Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1. 0001. Telephone 202–358–0447.
administrative impact on contractors or
offerors. This final rule is not required SUPPLEMENTARY INFORMATION:
to be published for public comment PART 1827—PATENTS, DATA, AND
COPYRIGHTS I. Background
because it makes nonsubstantive
changes to Agency regulations. The rule NFS subpart 1843.71, Shared Savings,
1827.409 [Amended]
merely removes from the NFS policy and associated clause 1852.243–71,
and an associated clause that are ■ 2. Remove and reserve 1827.409(i). Shared Savings, were added to the NFS
outdated. in 1997. The intent of the clause was to
PART 1852—SOLICITATION provide an incentive for contractors to
III. Executive Orders 12866 and 13563 PROVISIONS AND CONTRACT identify and implement significant cost
Executive Orders (E.O.s) 12866 and CLAUSES reduction programs. In return, they
13563 direct agencies to assess all costs 1852.227–17 [Removed and Reserved]
would be eligible for a share of the
and benefits of available regulatory realized savings which resulted from
alternatives and, if regulation is ■ 3. Remove and reserve 1852.227–17. those cost-cutting projects once they
necessary, to select regulatory [FR Doc. 2018–13464 Filed 6–21–18; 8:45 am] were approved by the contracting
approaches that maximize net benefits BILLING CODE 7510–13–P officer. Pursuant to Executive Order
(including potential economic, 13563, Improving Regulation and
environmental, public health and safety Regulatory Review, and Executive Order
effects, distributive impacts, and NATIONAL AERONAUTICS AND 13777, Enforcing the Regulatory Reform
equity). E.O. 13563 emphasizes the SPACE ADMINISTRATION Agenda, NASA is continually reviewing
importance of quantifying both costs existing regulations with the objective of
48 CFR Parts 1843 and 1852 reducing or removing any unnecessary,
and benefits, of reducing costs, of
harmonizing rules, and of promoting outdated and burdensome requirements
flexibility. This is not a significant RIN 2700–AE44 that have outlived their intended
regulatory action and, therefore, was not purpose, NFS 1843.71, Shared Savings,
NASA Federal Acquisition Regulation and associated clause 1852.243–71,
subject to review under section 6(b) of
Supplement: Removal of Reference to Shared Savings were reviewed and
E.O. 12866, Regulatory Planning and
the Shared Savings Policy and recommended for removal from the NFS
daltland on DSKBBV9HB2PROD with RULES
Review, dated September 30, 1993. This
Associated Clause (NFS Case 2018– since they are duplicative of the FAR
rule is not a major rule under 5 U.S.C.
N008) part 48, Value Engineering Change
804.
AGENCY: National Aeronautics and Proposal (VECP) program and associated
IV. Executive Order 13371 clauses implemented under OMB
Space Administration.
This rule is not subject to Executive Circular A–131, Value Engineering. The
ACTION: Direct final rule.
Order (E.O.) 13771, Reducing FAR VECP clauses provide the same
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Document Created: 2018-11-06 09:50:35
Document Modified: 2018-11-06 09:50:35
| 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 | John Brett, NASA Headquarters, Office of Procurement, Contract and Grant Policy Division, Suite 5G25, 300 E Street SW, Washington, DC 20456-0001. Telephone 202-358-0687. | |
| FR Citation | 83 FR 29039 | |
| RIN Number | 2700-AE45 | |
| CFR Citation | 48
CFR
1827 48 CFR 1852 |
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