Commercial Acquisition; Anchor Tenancy, 65496-65497 [2012-26546]
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65496
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
were adopted in the final rule. As a
result, this correcting document is
intended to ensure that the preamble
and addendum, accurately reflects the
policies adopted in that final rule.
In addition, even if this were a rule to
which the notice and comment and
delayed effective date requirements
applied, we find that there is good cause
to waive such requirements.
Undertaking further notice and
comment procedures to incorporate the
corrections in this document into the
final rule or delaying the effective date
would be contrary to the public interest.
Furthermore, such procedures would be
unnecessary, as we are not altering the
policies that were already subject to
comment and finalized in our final rule.
Therefore, we believe we have good
cause to waive the notice and comment
and effective date requirements.
IV. Correction of Errors
In FR Doc. 2012–19079 of August 31,
2012 (77 FR 53258), make the following
corrections:
A. Corrections of Errors in the Preamble
1. On pages 53601 and 53602, the
table entitled ‘‘FINAL PERFORMANCE
STANDARDS FOR THE FY 2015
HOSPITAL VBP PROGRAM CLINICAL
PROCESS OF CARE, OUTCOME, AND
EFFICIENCY DOMAINS,’’ the entries for
the clinical process of care measures are
corrected as follows:
CLINICAL PROCESS OF CARE MEASURES
Achievement
threshold
Measure ID
Description
AMI–7a .............
AMI–8a .............
HF–1 .................
PN–3b ...............
Fibrinolytic Therapy Received Within 30 Minutes of Hospital Arrival ......................................
Primary PCI Received Within 90 Minutes of Hospital Arrival ..................................................
Discharge Instructions ..............................................................................................................
Blood Cultures Performed in the Emergency Department Prior to Initial Antibiotic Received
in Hospital.
Initial Antibiotic Selection for CAP in Immunocompetent Patient ............................................
Surgery Patients on Beta-Blocker Therapy Prior to Arrival Who Received a Beta-Blocker
During the Perioperative Period.
Prophylactic Antibiotic Received Within One Hour Prior to Surgical Incision ..........................
Prophylactic Antibiotic Selection for Surgical Patients .............................................................
Prophylactic Antibiotics Discontinued Within 24 Hours After Surgery End Time ....................
Cardiac Surgery Patients With Controlled 6AM Postoperative Serum Glucose ......................
Urinary Catheter Removed on Postoperative Day 1 or Postoperative Day 2 .........................
Surgery Patients Who Received Appropriate Venous Thromboembolism Prophylaxes Within 24 Hours Prior to Surgery to 24 Hours After Surgery.
PN–6 .................
SCIP–Card–2 ...
SCIP–Inf–1 .......
SCIP–Inf–2 .......
SCIP–Inf–3 .......
SCIP–Inf–4 .......
SCIP–Inf–9 .......
SCIP–VTE–2 ....
B. Correct of Errors in the Addendum
1. On page 53695, third column, first
paragraph, line 2, the figures ‘‘8.94
percent (1.0866203)’’ are corrected to
read ‘‘8.66 percent (1.0866203)’’.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: October 18, 2012.
Oliver Potts,
Deputy Executive, Secretary to the
Department, Department of Health and
Human Services.
[FR Doc. 2012–26505 Filed 10–26–12; 8:45 am]
BILLING CODE 4120–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 1812
rmajette on DSK2TPTVN1PROD with
RIN 2700–AD64
Commercial Acquisition; Anchor
Tenancy
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
VerDate Mar<15>2010
12:17 Oct 26, 2012
Jkt 229001
NASA has adopted as final,
with minor changes, a proposed rule
amending the NASA FAR Supplement
(NFS) to include authority, under
limited conditions, to issue Anchor
Tenancy contracts. Anchor Tenancy
means ‘‘an arrangement in which the
United States Government agrees to
procure sufficient quantities of a
commercial space product or service
needed to meet Government mission
requirements so that a commercial
venture is made viable.’’
DATES: Effective Date: November 28,
2012.
FOR FURTHER INFORMATION CONTACT:
Leigh Pomponio, NASA, Office of
Procurement, Contract Management
Division (Suite 5G84); (202) 358–0592;
email: leigh.pomponio@nasa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
NASA published a proposed rule in
the Federal Register at 76 FR 30301 on
May 25, 2011. NASA’s Federal
Acquisition Regulation Supplement
(NFS) currently contains an inaccurate
prohibition on anchor tenancy
contracts. The prohibition is included in
the NFS based on The Space Act, as
amended by NASA’s FY 1992
Appropriations Act (42 U.S.C. 2459d).
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Benchmark
0.80000
0.95349
0.94118
0.97783
1.00000
1.00000
1.00000
1.00000
0.95918
0.97175
1.00000
1.00000
0.98639
0.98637
0.97494
0.95798
0.94891
0.97403
1.00000
1.00000
1.00000
0.99767
0.99991
0.99998
The NFS states no appropriated funds
may be used to enter into contracts,
grants, or other agreements for more
than 1 year if the primary effect is to
provide a guaranteed customer base for
or establish an anchor tenancy in new
commercial space hardware or services
unless an appropriations Act specifies
the new commercial space hardware or
services to be developed/used or the
contract, grant, or agreement is specified
in an appropriations Act. However,
subsequent to the prohibition, as part of
NASA’s FY 1993 Authorization Act, 15
U.S.C. 5806 was added to the
Commercial Space Competitiveness Act
(CSCA). The latter statute includes
limited authority for NASA to enter into
multi-year anchor tenancy contracts for
the purchase of a good or service if the
Agency receives an appropriation that
(1) authorizes a multi-year anchor
tenancy contract and (2) specifies the
commercial space product or service to
be developed or used. Furthermore, the
NASA Administrator would be required
to make a determination that addresses
the following six criteria:
(1) The good or service meets the
mission requirements of NASA;
(2) The commercially procured good
or service is cost effective;
E:\FR\FM\29OCR1.SGM
29OCR1
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
(3) The good or service is procured
through a competitive process;
(4) Existing or potential customers for
the good or service other than the
United States Government have been
specified identified;
(5) The long-term viability of the
venture is not dependent upon a
continued Government market or other
nonreimbursable Government support;
and
(6) Private capital is at risk in the
venture.
The purpose of this final rule is to
reconcile the NFS with the statutory
authority for Anchor Tenancy contracts.
The due date for public comments in
response to the proposed rule was July
25, 2011. NASA received general
comments in support of the rule from
one respondent. The respondent
expressed support for NASA’s rule, and
noted that it reflects efforts aimed at
achieving goals set forth in the
Administration’s 2010 National Space
Policy to support growth in the
commercial space sector.
During the comment period, NASA
recognized a need to clarify the rule.
Consequently, minor changes have been
made to the proposed rule in this final
rule, as follows: The discussion of
statutory authority has been
consolidated and simplified; it is now
discussed only in paragraph (a). The
final rule identifies what is meant by an
anchor tenancy whereas anchor tenancy
was previously described in the
background of the Federal Register
Notice for the proposed rule.
B. Executive Orders 12866 and 13563
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. In
accordance with Executive Order 13563,
Improving Regulation and Regulatory
Review, dated January 18, 2011, NASA
determined that this rule is not
excessively burdensome to the public,
and is consistent with the
administrative nature of rule. This is not
a major rule under 5 U.S.C. 804.
rmajette on DSK2TPTVN1PROD with
C. Regulatory Flexibility Act
The final rule is not expected 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.
because it does not impose any new
requirements on small entities. The rule
clarifies NASA’s authority to enter into
Anchor Tenancy contracts, under
limited conditions.
VerDate Mar<15>2010
12:17 Oct 26, 2012
Jkt 229001
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.
List of Subjects in 48 CFR Part 1812
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR part 1812 is
amended as follows:
PART 1812—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 1812 continues to read as follows:
■
Authority: 42 U.S.C. 2455(a), 2473(c)(1).
2. Section 1812.7000 is revised to read
as follows.
■
1812.7000
Anchor tenancy contracts.
(a) Subject to receiving an
appropriation that:
(1) Authorizes a multi-year anchor
tenancy contract; and
(2) Specifies the commercial space
product or service to be developed or
used, NASA may enter into a multi-year
anchor tenancy contract only if
Administrator determines—
(i) The good or service meets the
mission requirements of the National
Aeronautics and Space Administration;
(ii) The commercially procured good
or service is cost effective;
(iii) The good or service is procured
through a competitive process;
(iv) Existing or potential customers for
the good or service other than the
United States Government have been
specifically identified;
(v) The long-term viability of the
venture is not dependent upon a
continued Government market or other
nonreimbursable Government support;
and
(vi) Private capital is at risk in the
venture.
(b) Contracts entered into under such
authority may provide for the payment
of termination liability in the event that
the Government terminates such
contracts for its convenience.
(1) Contracts that provide for this
payment of termination liability shall
include a fixed schedule of such
termination liability payments. Liability
under such contracts shall not exceed
the total payments which the
Government would have made after the
date of termination to purchase the good
or service if the contract were not
terminated.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
65497
(2) Subject to appropriations, funds
available for such termination liability
payments may be used for purchase of
the good or service upon successful
delivery of the good or service pursuant
to the contract. In such case, sufficient
funds shall remain available to cover
any remaining termination liability.
(c) Limitations. (1) Contracts entered
into under such authority shall not
exceed 10 years in duration.
(2) Such contracts shall provide for
delivery of the good or service on a firm,
fixed price basis.
(3) To the extent practicable,
reasonable performance specifications
shall be used to define technical
requirements in such contracts.
(4) In any such contract, the
Administrator shall reserve the right to
completely or partially terminate the
contract without payment of such
termination liability because of the
contractor’s actual or anticipated failure
to perform its contractual obligations.
(d) The term ‘‘anchor tenancy’’ means
an arrangement in which the United
States Government agrees to procure
sufficient quantities of a commercial
space product or service needed to meet
Government mission requirements so
that a commercial venture is made
viable.
[FR Doc. 2012–26546 Filed 10–26–12; 8:45 am]
BILLING CODE 7510–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 390
[Docket No. FMCSA–2012–0156]
RIN 2126–AB53
Gross Combination Weight Rating
(GCWR); Definition
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Withdrawal of direct final rule.
AGENCY:
FMCSA withdraws its August
27, 2012, direct final rule (DFR)
amending the definition of ‘‘gross
combination weight rating’’ (GCWR) in
49 CFR parts 383 and 390. The DFR
would have taken effect on October 26,
2012. However, the Agency received
several adverse comments in response
to the DFR and will, therefore develop
a notice of proposed rulemaking to
request public comments on proposed
changes to the GCWR definition.
DATES: The direct final rule published
August 27, 2012 (77 FR 51706) is
withdrawn effective October 26, 2012.
SUMMARY:
E:\FR\FM\29OCR1.SGM
29OCR1
]]>Agencies
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65496-65497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26546]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1812
RIN 2700-AD64
Commercial Acquisition; Anchor Tenancy
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NASA has adopted as final, with minor changes, a proposed rule
amending the NASA FAR Supplement (NFS) to include authority, under
limited conditions, to issue Anchor Tenancy contracts. Anchor Tenancy
means ``an arrangement in which the United States Government agrees to
procure sufficient quantities of a commercial space product or service
needed to meet Government mission requirements so that a commercial
venture is made viable.''
DATES: Effective Date: November 28, 2012.
FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, NASA, Office of
Procurement, Contract Management Division (Suite 5G84); (202) 358-0592;
email: leigh.pomponio@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
NASA published a proposed rule in the Federal Register at 76 FR
30301 on May 25, 2011. NASA's Federal Acquisition Regulation Supplement
(NFS) currently contains an inaccurate prohibition on anchor tenancy
contracts. The prohibition is included in the NFS based on The Space
Act, as amended by NASA's FY 1992 Appropriations Act (42 U.S.C. 2459d).
The NFS states no appropriated funds may be used to enter into
contracts, grants, or other agreements for more than 1 year if the
primary effect is to provide a guaranteed customer base for or
establish an anchor tenancy in new commercial space hardware or
services unless an appropriations Act specifies the new commercial
space hardware or services to be developed/used or the contract, grant,
or agreement is specified in an appropriations Act. However, subsequent
to the prohibition, as part of NASA's FY 1993 Authorization Act, 15
U.S.C. 5806 was added to the Commercial Space Competitiveness Act
(CSCA). The latter statute includes limited authority for NASA to enter
into multi-year anchor tenancy contracts for the purchase of a good or
service if the Agency receives an appropriation that (1) authorizes a
multi-year anchor tenancy contract and (2) specifies the commercial
space product or service to be developed or used. Furthermore, the NASA
Administrator would be required to make a determination that addresses
the following six criteria:
(1) The good or service meets the mission requirements of NASA;
(2) The commercially procured good or service is cost effective;
[[Page 65497]]
(3) The good or service is procured through a competitive process;
(4) Existing or potential customers for the good or service other
than the United States Government have been specified identified;
(5) The long-term viability of the venture is not dependent upon a
continued Government market or other nonreimbursable Government
support; and
(6) Private capital is at risk in the venture.
The purpose of this final rule is to reconcile the NFS with the
statutory authority for Anchor Tenancy contracts.
The due date for public comments in response to the proposed rule
was July 25, 2011. NASA received general comments in support of the
rule from one respondent. The respondent expressed support for NASA's
rule, and noted that it reflects efforts aimed at achieving goals set
forth in the Administration's 2010 National Space Policy to support
growth in the commercial space sector.
During the comment period, NASA recognized a need to clarify the
rule. Consequently, minor changes have been made to the proposed rule
in this final rule, as follows: The discussion of statutory authority
has been consolidated and simplified; it is now discussed only in
paragraph (a). The final rule identifies what is meant by an anchor
tenancy whereas anchor tenancy was previously described in the
background of the Federal Register Notice for the proposed rule.
B. Executive Orders 12866 and 13563
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. In accordance
with Executive Order 13563, Improving Regulation and Regulatory Review,
dated January 18, 2011, NASA determined that this rule is not
excessively burdensome to the public, and is consistent with the
administrative nature of rule. This is not a major rule under 5 U.S.C.
804.
C. Regulatory Flexibility Act
The final rule is not expected 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. because it does
not impose any new requirements on small entities. The rule clarifies
NASA's authority to enter into Anchor Tenancy contracts, under limited
conditions.
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.
List of Subjects in 48 CFR Part 1812
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR part 1812 is amended as follows:
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
0
1. The authority citation for 48 CFR part 1812 continues to read as
follows:
Authority: 42 U.S.C. 2455(a), 2473(c)(1).
0
2. Section 1812.7000 is revised to read as follows.
1812.7000 Anchor tenancy contracts.
(a) Subject to receiving an appropriation that:
(1) Authorizes a multi-year anchor tenancy contract; and
(2) Specifies the commercial space product or service to be
developed or used, NASA may enter into a multi-year anchor tenancy
contract only if Administrator determines--
(i) The good or service meets the mission requirements of the
National Aeronautics and Space Administration;
(ii) The commercially procured good or service is cost effective;
(iii) The good or service is procured through a competitive
process;
(iv) Existing or potential customers for the good or service other
than the United States Government have been specifically identified;
(v) The long-term viability of the venture is not dependent upon a
continued Government market or other nonreimbursable Government
support; and
(vi) Private capital is at risk in the venture.
(b) Contracts entered into under such authority may provide for the
payment of termination liability in the event that the Government
terminates such contracts for its convenience.
(1) Contracts that provide for this payment of termination
liability shall include a fixed schedule of such termination liability
payments. Liability under such contracts shall not exceed the total
payments which the Government would have made after the date of
termination to purchase the good or service if the contract were not
terminated.
(2) Subject to appropriations, funds available for such termination
liability payments may be used for purchase of the good or service upon
successful delivery of the good or service pursuant to the contract. In
such case, sufficient funds shall remain available to cover any
remaining termination liability.
(c) Limitations. (1) Contracts entered into under such authority
shall not exceed 10 years in duration.
(2) Such contracts shall provide for delivery of the good or
service on a firm, fixed price basis.
(3) To the extent practicable, reasonable performance
specifications shall be used to define technical requirements in such
contracts.
(4) In any such contract, the Administrator shall reserve the right
to completely or partially terminate the contract without payment of
such termination liability because of the contractor's actual or
anticipated failure to perform its contractual obligations.
(d) The term ``anchor tenancy'' means an arrangement in which the
United States Government agrees to procure sufficient quantities of a
commercial space product or service needed to meet Government mission
requirements so that a commercial venture is made viable.
[FR Doc. 2012-26546 Filed 10-26-12; 8:45 am]
BILLING CODE 7510-01-P
