NASA Federal Acquisition Regulation Supplement; Responsibility, Suspension and Debarment, 72327-72328 [2011-30148]
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Rules and Regulations
approaches that maximize net benefits,
including potential economic,
environmental, public health, safety
distributive, and equity effects.
The Secretary has determined that
this final rule is not a ‘‘major rule’’
within the meaning of the statute
providing for Congressional Review of
Agency Rulemaking, 5 U.S.C. 801, and
has determined that it does not meet the
criteria for a significant regulatory
action. In addition, under the Small
Business Enforcement Act (SBEA) of
1996, if a rule has a significant
economic effect on a substantial number
of small businesses, the Secretary must
specifically consider the economic
effect of a rule on small business entities
and analyze regulatory options that
could lessen the impact of the rule. The
Secretary has reviewed this exemption
in accordance with the provisions of the
SBEA and certifies that this exemption
will not have a significant impact on a
substantial number of small entities.
Specifically, as indicated above, while
the reports of adverse actions to the
NPDB will be known to the subjects of
the records in the data bank, the access
and use of such information by law
enforcement agencies would not be
known to the subjects of the records,
because HRSA believes that disclosure
of this information could compromise
ongoing law enforcement activities.
Similarly, the final rule will not have
effects on State, local, and Tribal
governments, and on the private sector
such as to require consultation under
the Unfunded Mandates Reform Act of
1995.
The Secretary has reviewed this final
rule in accordance with Executive Order
13132 regarding federalism and has
determined that it does not have
‘‘federalism implications.’’ This rule
would not ‘‘have substantial direct
effects on the States, or on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
The proposals made in this final rule
would not adversely affect the following
family elements: Family safety, family
stability, marital commitment; parental
rights in the education, nurture and
supervision of their children; family
functioning, disposable income, or
poverty; or the behavior and personal
responsibility of youth, as determined
under section 654(c) of the Treasury and
General Government Appropriations
Act of 1999.
In accordance with the provisions of
Executive Order 12866, this final rule
was not reviewed by the Office of
Management and Budget.
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Paperwork Reduction Act
SUPPLEMENTARY INFORMATION:
This final rule does not have any
information collection requirements.
I. Background
NASA published a proposed rule in
the Federal Register at 76 FR 25656 on
May 5, 2011, to implement a
requirement for contracting officers to
notify prospective contractors if they are
found to be nonresponsible under FAR
Subpart 9.1. Public comments were due
on or before July 5, 2011. No comments
were received.
Dated: October 20, 2011.
Mary Wakefield,
Administrator, Health Resources and Services
Administration.
Approved: November 16, 2011.
Kathleen Sebelius,
Secretary.
List of Subjects in 45 CFR Part 5b
Privacy.
PART 5b—PRIVACY ACT
REGULATIONS
Accordingly, 45 CFR part 5b is
amended as set forth below:
■ 1. The authority citation for part 5b
continues to read as follows:
Authority: 5 U.S.C. 301, 5 U.S.C. 552a.
2. Add § 5b.11(b)(2)(ii)(L) to read as
follows:
■
§ 5b.11
Exempt systems.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) * * *
(L) Investigative materials compiled
for law enforcement purposes in the
National Practitioner Data Bank (NPDB).
(See § 60.16 of this subtitle for access
and correction rights under the NPDB
by subjects of the Data Bank.)
*
*
*
*
*
[FR Doc. 2011–30292 Filed 11–22–11; 8:45 am]
BILLING CODE 4165–15–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 1809
RIN 2700–AD54
NASA Federal Acquisition Regulation
Supplement; Responsibility,
Suspension and Debarment
National Aeronautics and
Space Administration (NASA).
ACTION: Final rule.
AGENCY:
NASA has adopted as final,
without change, a proposed rule
amending the NASA FAR Supplement
(NFS) to require contracting officers to
notify prospective contractors if they are
found to be nonresponsible.
DATES: Effective Date: November 23,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Leigh Pomponio, Procurement Analyst,
at (202) 358–0592 or
leigh.pomponio@NASA.gov.
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II. 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.
III. Regulatory Flexibility Act
NASA certifies that this final rule will
not 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 it does not impose any new
requirements on small entities. This rule
only imposes requirements on
Government personnel; the impact on
the public, including small entities, is
the receipt of additional information.
IV. Paperwork Reduction Act
This final 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 1809
Government procurement.
Sheryl Goddard,
Director, Program Operations Division.
Accordingly, 48 CFR part 1809 is
amended as follows:
PART 1809—CONTRACTOR
QUALIFICATIONS
1. The authority citation for 48 CFR
Part 1809 continues to read as follows:
■
Authority: 42 U.S.C. 2455(a), 2473(c)(1).
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Rules and Regulations
Division; (202) 358–0447; email:
Marilyn.Seppi-1@nasa.gov.
SUPPLEMENTARY INFORMATION:
Subpart 1809.1—Responsible
Prospective Contractors
2. Section 1809.105–2 is added to
subpart 1809.1 to read follows:
■
1809.105–2 Determinations and
documentation.
(a) The contracting officer shall
provide written notification to a
prospective contractor determined not
responsible, which includes the basis
for the determination. Notification
provides the prospective contractor with
the opportunity to take corrective action
prior to future solicitations.
[FR Doc. 2011–30148 Filed 11–22–11; 8:45 am]
BILLING CODE 7510–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 1850 and 1852
RIN 2700–AD36
Miscellaneous Administrative Changes
National Aeronautics and
Space Administration.
ACTION: Direct final rule.
AGENCY:
This direct final rule amends
the NASA FAR Supplement (NFS) to
make miscellaneous non-substantive
administrative changes to be consistent
with FAR numbering, FAR terminology,
and to allow use of a URL Web site to
identify the Agency and Center
Ombudsman. These changes are
necessary to ensure consistency with
the FAR and terminology within NASA.
DATES: This direct final rule is effective
January 23, 2012 unless Agency receives
significant adverse comments by
midnight Eastern Standard Time on
December 23, 2011. If adverse comment
is received, NASA will publish a timely
withdrawal of the rule in the Federal
Register. If no adverse comments are
received, NASA will not publish a
confirmation document.
ADDRESSES: Interested parties may
submit comments, identified by RIN
number 2700–AD36, via the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments may also be submitted to
Marilyn Seppi, NASA Headquarters,
300 E Street SW., Office of Procurement,
Contract Management Division,
Washington, DC 20546. Comments may
also be submitted by email to
Marilyn.Seppi-1@nasa.gov.
FOR FURTHER INFORMATION CONTACT:
Marilyn J. Seppi, NASA, Office of
Procurement, Contract Management
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SUMMARY:
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Direct Final Rule and Significant
Adverse Comments
NASA has determined this
rulemaking meets the criteria for a
direct final rule because it involves
nonsubstantive changes dealing with
NASA’s management of procurement
regulations and procedures. NASA does
not anticipate this direct final rule will
result in any changes in the functions or
authority of the NFS. NASA expects no
opposition to the changes and no
significant adverse comments. However,
if NASA receives a significant adverse
comment, the Agency 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 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.
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 final rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866.
This rule is not a major rule under 5
U.S.C. 804.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this final rule. This final
rule does not constitute a significant
revision within the meaning of FAR
1.501 and Public Law 98–577, and
publication for public comment is not
required. However, NASA will consider
comments from small entities
concerning the affected NFS coverage in
accordance with 5 U.S.C. 610. Interested
parties should cite 5 U.S.C. 601, et seq.,
in correspondence. This rule is not
expected to have a significant economic
impact on a substantial number of small
entities with the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601.
et seq., because the changes are
administrative and do not impose new
requirements.
D. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 104–13) is not applicable because the
NFS changes do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
A. Background
This final rule makes several
administrative changes to the NFS. The
numbering in NASA FAR Supplement
1850 is revised to reflect the FAR
numbering changes made by Federal
Acquisition Circular 2005–21. This final
rule deletes the information required to
be filled-in by Contracting Officers in
NASA FAR Supplement Clause
1852.215–84 when identifying the
Ombudsman for the Agency and
specific Center. The fill-in is deleted
and replaced with a URL Web site
where the Agency and Center
Ombudsman contact information will be
continually updated and maintained by
NASA.
This rule also deletes the term
‘‘Commerce Business Daily (CBD)’’ and
replaces it with the term
‘‘Governmentwide Point of Entry (GPE)’’
in NASA FAR Supplement Clauses
1852.217–71 and 1852.217–72 to be
consistent with the terminology in FAR
Subpart 2.101 Definitions.
Sheryl Goddard,
Director, Program Operations Division.
B. 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,
Subpart 1850.1—Extraordinary Contractual
Actions
Sec.
1850.102 Delegation of and limitations of
exercise of authority.
1850.102–2 Contract adjustment boards.
1850.103 Contract adjustments.
1850.103–5 Processing cases.
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List of Subjects in 48 CFR 1850 and
1852
Government procurement.
Accordingly, 48 CFR Part 1850 and
1852 are amended as follows:
■ 1. The authority citation for 48 CFR
Parts 1850 and 1852 continues to read
as follows:
Authority: 42 U.S.C. 2473(c)(1).
2. Part 1850 is revised to read as
follows:
■
PART 1850—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
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[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Rules and Regulations]
[Pages 72327-72328]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30148]
=======================================================================
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1809
RIN 2700-AD54
NASA Federal Acquisition Regulation Supplement; Responsibility,
Suspension and Debarment
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NASA has adopted as final, without change, a proposed rule
amending the NASA FAR Supplement (NFS) to require contracting officers
to notify prospective contractors if they are found to be
nonresponsible.
DATES: Effective Date: November 23, 2011.
FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, Procurement Analyst,
at (202) 358-0592 or leigh.pomponio@NASA.gov.
SUPPLEMENTARY INFORMATION:
I. Background
NASA published a proposed rule in the Federal Register at 76 FR
25656 on May 5, 2011, to implement a requirement for contracting
officers to notify prospective contractors if they are found to be
nonresponsible under FAR Subpart 9.1. Public comments were due on or
before July 5, 2011. No comments were received.
II. 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.
III. Regulatory Flexibility Act
NASA certifies that this final rule will not 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 it does not impose any new requirements on small entities. This
rule only imposes requirements on Government personnel; the impact on
the public, including small entities, is the receipt of additional
information.
IV. Paperwork Reduction Act
This final 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 1809
Government procurement.
Sheryl Goddard,
Director, Program Operations Division.
Accordingly, 48 CFR part 1809 is amended as follows:
PART 1809--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for 48 CFR Part 1809 continues to read as
follows:
Authority: 42 U.S.C. 2455(a), 2473(c)(1).
[[Page 72328]]
Subpart 1809.1--Responsible Prospective Contractors
0
2. Section 1809.105-2 is added to subpart 1809.1 to read follows:
1809.105-2 Determinations and documentation.
(a) The contracting officer shall provide written notification to a
prospective contractor determined not responsible, which includes the
basis for the determination. Notification provides the prospective
contractor with the opportunity to take corrective action prior to
future solicitations.
[FR Doc. 2011-30148 Filed 11-22-11; 8:45 am]
BILLING CODE 7510-01-P
