NASA FAR Supplement: Safety and Health Measures and Mishap Reporting, 73675-73677 [2015-29947]
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations
47 CFR 96.17(d); 96.21(a)(3);
96.23(b); 96.33(b); 96.35(e); 96.39(a),
(c)–(g); 96.41(d)(1); 96.43(b); 96.45(b);
96.45(d), 96.51; 96.57(a)–(c); 96.59(a);
96.61; 96.63; and 96.67(b)–(c),
published at 80 FR 36163, June 23,
2015, are effective on December 16,
2015.
DATES:
FOR FURTHER INFORMATION CONTACT:
Cathy Williams, Cathy.Williams@
fcc.gov, (202) 418–2918.
SUPPLEMENTARY INFORMATION: This
document announces that, on November
9, 2015, OMB approved the revised
information collection requirements
contained in the Commission’s Report
and Order, FCC 15–47, published at 80
FR 36163, June 23, 2015. The OMB
Control Number is 3060–1211. The
Commission publishes this document as
an announcement of the effective date of
the requirements. If you have any
comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street SW., Washington,
DC 20554. Please include the OMB
Control Number, 3060–1211 in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
jstallworth on DSK7TPTVN1PROD with RULES
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on November 9,
2015, for the revised information
collection requirements contained in the
Commission’s rules at 47 CFR 96.17;
96.21; 96.23; 96.33; 96.35; 96.39; 96.41;
96.43; 96.45; 96.51; 96.57; 96.59; 96.61;
96.63; and 96.67. Under 5 CFR part
1320, an agency may not conduct or
sponsor a collection of information
unless it displays a current, valid OMB
Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Numbers is
3060–1211.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
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Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1211.
OMB Approval Date: November 9,
2015.
OMB Expiration Date: November 30,
2018.
Title: Sections 96.17; 96.21; 96.23;
96.33; 96.35; 96.39; 96.41; 96.43; 96.45;
96.51; 96.57; 96.59; 96.61; 96.63; and
96.67, Commercial Operations in the
3550–3650 MHz Band.
Form Number: Not applicable.
Type of Review: New information
collection.
Respondents: Business or other forprofit entities, Not for profit institutions
and State, Local or Tribal Governments.
Number of Respondents and
Responses: 110,782 respondents;
136,432 responses.
Estimated Time per Response: 0–.5
hours.
Frequency of Response: One-time and
on occasion reporting requirements;
other reporting requirements—as
needed basis for the equipment safety
certifications, and consistently (likely
daily) responses automated via the
device.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 151, 152, 154(i), 154(j),
155(c), 302(a), 303, 304, 307(e), and 316.
Total Annual Burden: 37,977 hours.
Annual Cost Burden: $7,318,100.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information. The
information to be collected will be made
available for public inspection.
Applicants may request materials or
information submitted to the
Commission be given confidential
treatment under 47 CFR 0.459 of the
Commission’s rules.
Needs and Uses: The Federal
Communications Commission
(Commission) received approval for new
OMB Control No. 3060–1211 from the
Office of Management and Budget
(OMB). The purpose of this proposal
was to obtain OMB approval of rules
applicable to 3550–3700 MHz (3.5 GHz)
users and licensees and applicants for
database administrators, as adopted by
the Commission in a Report and Order
(Report and Order) on April 17, 2015
(WT Docket No. 12–354; FCC 15–47). By
the Report and Order, the Commission
creates additional capacity for wireless
broadband by adopting a new approach
to spectrum management to facilitate
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73675
spectrum sharing between commercial
and federal users and among multiple
tiers of commercial users. The order
creates a Spectrum Access System
(SAS), an online database that will
manage and coordinate frequency use in
the band through registration and other
technical information. The SAS will use
the information to assign frequencies,
manage interference, and authorize
spectrum use. The Commission will use
the information to authorize the SAS
Administrator(s) and ESC operator(s).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015–29921 Filed 11–24–15; 8:45 am]
BILLING CODE 6712–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1823 and 1852
RIN 2700–AE16
NASA FAR Supplement: Safety and
Health Measures and Mishap
Reporting
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
NASA is issuing a final rule
to amend the NASA FAR Supplement
(NFS) to revise a clause related to safety
and health measures and mishaps
reporting, reduce burden on contractors,
and to provide guidance on specific
safety and health measures that the
contractor must take when working on
a Federal facility, and the remedies the
Government may take for failure to
maintain an effective safety and health
program. The revision is part of NASA’s
retrospective plan under Executive
Order (EO) 13563 completed in August
2011.
DATES: Effective: December 28, 2015.
FOR FURTHER INFORMATION CONTACT:
Marilyn E. Chambers, NASA, Office of
Procurement, telephone 202.358.5154.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
NASA published a proposed rule in
the Federal Register at 80 FR 48284 on
August 12, 2015, to revise both the
prescription for and text of the clause at
1852.223–70, which was retitled from
‘‘Safety and Health’’ to ‘‘Safety and
Health Measures and Mishap
Reporting’’ to emphasize the purpose of
the clause—requiring contractors
working at Federal facilities to have
measures in place to protect the safety
of their workers, other individuals
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations
working at the facility, and the public.
To reduce the burden on contractors,
the clause prescription was revised to
require it in solicitations and contracts
above the simplified action threshold
and to require it only for contracts
involving performance at a Federal
facility. The applicability to
subcontracts was also revised to apply
to subcontracts above the simplified
acquisition threshold where
performance is at a Federal facility.
Paragraph (b) of the clause lists safety
and occupational health measures,
recognized by the Office of Safety and
Health Administration and industry, as
standards for both identifying
workplace hazards and for developing a
plan for prevention and control of those
hazards. These measures include
maintaining an effective worksite safety
and health program with organized and
systematic methods to—
1. Comply with Federal, State, and
local safety and occupational health
laws and with the safety and
occupational health requirements of the
contract;
2. Describe and assign the
responsibilities of managers,
supervisors, and employees;
3. Inspect regularly for and identify,
evaluate, prevent, and control hazards;
4. Orient and train employees to
eliminate or avoid hazards; and
5. Periodically review the program’s
effectiveness. Additionally, paragraph
(b) added text concerning authorized
Government representatives’ rights to
have access to and to examine the work
site and related records under the
contract in order to determine the
adequacy of the Contractor’s safety and
occupational health measures.
Paragraph (d) refers to NASA Procedural
Requirement (NPR) 8621.1, Mishap and
Close Call Reporting, Investigating, and
Recordkeeping, which contains a listing
and description of the types of mishaps
(types A, B, C, or D) or close calls the
contractor must report to the contracting
officer. Paragraph (e) requires
contractors to cooperate with any
Government-authorized investigation by
providing access to their employees and
relevant information in their possession
regarding the mishap or close call.
Paragraph (f) states the Contracting
Officer may notify the Contractor of any
noncompliance with the health and
safety requirements of the contract and
require corrective action. If the
contractor fails or refuses to take prompt
corrective action, the Contracting
Officer may—
(1) Invoke the stop-work order clause;
(2) Require the Contractor to remove
and replace Contractor or subcontractor
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15:12 Nov 24, 2015
Jkt 238001
personnel who fail to comply with or
violate applicable requirements;
(3) Record the Contractor’s failure to
comply in the appropriate databases of
past performance; and
(4) Consider the Contractor’s failure to
comply in any responsibility
determination or evaluation of past
performance.
Paragraph (g) requires the prime
contractor to include the clause in
subcontracts over the simplified
acquisition threshold when the work
will be conducted completely or partly
on federally-controlled facilities.
II. Discussion and Analysis
No public comments were received in
response to the proposed rule. However,
during internal deliberations a couple of
minor changes were made. Section
1801.106(1) was revised to add new
OMB control number 2700–1060, which
was assigned for reporting requirements
at NFS 1852.223–70. Additionally,
paragraph (f)(1) of 1852.223–70 was
revised to change the phrase ‘‘the
Contracting Officer shall’’ to ‘‘the
Contracting Officer will’’ and to remove
the term ‘‘any necessary.’’ Paragraph (f)
(2) was revised to remove ‘‘in addition
to other remedies available to the
Government’’ and add ‘‘the contracting
officer may’’ with a list of four actions,
previously listed in the proposed rule,
enumerated and rephrased to clearly list
the action to be taken: ‘‘invoke,’’
‘‘require,’’ ‘‘record,’’ and ‘‘consider.’’ No
other revisions were made to the
proposed rule.
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
NASA has prepared a Final
Regulatory Flexibility Analysis (FRFA)
consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601, et se., and
is summarized as follows:
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Fmt 4700
Sfmt 4700
This rule revises NFS clause
1852.223–70 to reduce burden on
contractors by (1) changing the
applicability of the clause to only
contracts over the simplified acquisition
threshold and to only those performed
on Federal facilities, and (2) by
removing reporting requirements
relating to mishap investigations and
health and safety plans. The clause also
provides guidance on specific safety and
health measures the contractor must
take when working on a Federal facility,
and the remedies the Government may
take for failure to maintain an effective
safety and health program.
No comments were received on the
initial regulatory flexibility analysis
from small business concerns or other
interested parties.
This rule will apply to small entities
performing NASA contracts with an
estimated value over the simplified
acquisition threshold on Federal
Facilities. The System for Award
Management (SAM) data shows
approximately 154 firms received
contracts to which this clause will
apply. Of those 154 firms, 84 were small
businesses.
Two reporting requirements are
contained in the rule. One is to notify
the contracting officer of mishaps (types
A, B, C, or D) or close calls as described
in NASA Procedural Requirement (NPR)
8621.1, Mishap and Close Call
Reporting, Investigating, and
Recordkeeping. The other is to provide
a quarterly report on the number of
mishaps, specifying lost time frequency
rate, number of lost time injuries,
exposure, and accident/incident dollar
losses. This information is collected so
that NASA can analyze mishap data to
look for mishap trends and determine
ways to improve the safety of its
workforce and high-value assets and
reduce the risk to its missions. This
mishap information would be initially
collected by a company manager or
supervisor. It may be reviewed by the
firm’s official responsible for safety,
usually an occupational health and
safety. Lost time frequency rate, number
of lost time injuries, exposure, and
accident/incident dollar losses reports
would be prepared by a safety official.
The revisions to NFS clause
1852.223–70 are designed to reduce
burden on contractors by reducing the
applicability of the clause and reducing
the paperwork burden. The information
requested in the clause is essential to
the NASA health and safety program.
Further and differing compliance
alternatives or reporting requirements or
timetables for small entities are not
feasible. Having an effective safety
program is crucial to all businesses as it
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations
reduces injuries, lost time, property
damage and creates a more safe and
effective workplace for employees.
V. Paperwork Reduction Act
The rule contains 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).
OMB has cleared this information
collection requirement under OMB
Control Number 2700–0160, titled:
Safety and Health Measures and Mishap
Reporting.
List of Subjects in 48 CFR 1801, 1823,
and 1852
Reporting, in solicitations and contracts
above the simplified acquisition
threshold when the work will be
conducted completely or partly on
federally-controlled facilities.
(b) The clause prescribed in paragraph
(a) of this section may be excluded with
the approval of the installation
official(s) responsible for matters of
safety and occupational health.
*
*
*
*
*
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. The authority citation for part 1852
continues to read as follows:
■
Government procurement.
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
Manuel Quinones,
NASA FAR Supplement Manager.
1852.2
Accordingly, 48 CFR parts 1801, 1823
and 1852 are amended as follows:
[Amended]
1. The authority citation for part 1801
is revised to read as follows:
6. Amend subpart 1852.2 by removing
‘‘1852.223–70 Safety and health’’ and
adding ‘‘1852.223–70 Safety and Health
Measures and Mishap Reporting’’ in its
place.
■ 7. Revise section 1852.223–70 to read
as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
1852.223–70 Safety and Health Measures
and Mishap Reporting.
2. Section 1801.106 is revised to read
as follows:
As prescribed in 1823.7001(a), insert
the following clause:
PART 1801—FEDERAL ACQUISITION
REGULATIONS SYSTEM
■
■
801.106 OMB approval under the
Paperwork Reduction Act.
(1) NFS requirements. The following
OMB control numbers apply:
NFS Segment
1823 ......................................
1852.223–70 .........................
1827 ......................................
1843 ......................................
NF 533 ..................................
NF 1018 ................................
OMB Control
No.
2700–0089
2700–0160
2700–0052
2700–0054
2700–0003
2700–0017
PART 1823—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG–FREE
WORKPLACE
3. The authority citation for part 1823
is revised to read as follows:
■
jstallworth on DSK7TPTVN1PROD with RULES
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
4. Amend section 1823.7001 by
revising paragraphs (a) and (b) to read
as follows:
■
1823.7001 NASA solicitation provisions
and contract clauses.
(a) Insert the clause at 1852.223–70,
Safety and Health Measures and Mishap
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Jkt 238001
■
SAFETY AND HEALTH MEASURES AND
MISHAP REPORTING (DEC 2015)
(a) Safety is the freedom from those
conditions that can cause death, injury,
occupational illness, damage to or loss of
equipment or property, or damage to the
environment. NASA’s safety priority is to
protect: (1) The public, (2) astronauts and
pilots, (3) the NASA workforce (including
contractor employees working on NASA
contracts), and (4) high-value equipment and
property.
(b) The Contractor shall take all reasonable
safety and occupational health measures in
performing this contract. The Contractor
shall maintain an effective worksite safety
and health program with organized and
systematic methods to—
(1) Comply with Federal, State, and local
safety and occupational health laws and with
the safety and occupational health
requirements of this contract;
(2) Describe and assign the responsibilities
of managers, supervisors, and employees;
(3) Inspect regularly for and identify,
evaluate, prevent, and control hazards;
(4) Orient and train employees to eliminate
or avoid hazards; and
(5) Periodically review the program’s
effectiveness. Authorized Government
representatives shall have access to and the
right to examine the work site and related
records under this Contract in order to
determine the adequacy of the Contractor’s
safety and occupational health measures.
(c) The Contractor shall take, or cause to
be taken, any other safety, and occupational
health-measures the Contracting Officer may
PO 00000
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73677
reasonably direct. To the extent that the
Contractor may be entitled to an equitable
adjustment for those measures under the
terms and conditions of this contract, the
equitable adjustment shall be determined
pursuant to the procedures of the changes
clause of this contract; provided, that no
adjustment shall be made under this Safety
and Health clause for any change for which
an equitable adjustment is expressly
provided under any other clause of the
contract.
(d) The Contractor shall immediately notify
the Contracting Officer or a designee any
Type A, B, C, or D Mishap, or close calls as
defined in NASA Procedural Requirement
(NPR) 8621.1, Mishap and Close Call
Reporting, Investigating, and Recordkeeping.
In addition, service contractors (excluding
construction contracts) shall provide
quarterly reports specifying lost-time
frequency rate, number of lost-time injuries,
exposure, and accident/incident dollar losses
as specified in the contract Schedule.
(e) The Contractor shall cooperate with any
Government-authorized investigation of Type
A, B, C, or D Mishaps, or Close Calls reported
pursuant to paragraph (d) of this clause by
providing access to employees; and relevant
information in the possession of the
Contractor regarding the mishap or close call.
(f)(1) The Contracting Officer may notify
the Contractor of any noncompliance with
this clause and specify corrective actions to
be taken. When the Contracting Officer
becomes aware of noncompliance that may
pose a serious or imminent danger to safety
and health of the public, astronauts and
pilots, the NASA workforce (including
contractor employees working on NASA
contracts), or high value mission critical
equipment or property, the Contracting
Officer will notify the Contractor orally, with
written confirmation. The Contractor shall
promptly take corrective action.
(2) If the Contractor fails or refuses to
institute prompt corrective action in
accordance with subparagraph (f)(1) of this
clause, the Contracting Officer may—
(i) Invoke the stop-work order clause in
this contract;
(ii) Require the Contractor to remove and
replace Contractor or subcontractor
personnel who fail to comply with or violate
applicable requirements of this clause;
(iii) Record the Contractor’s failure to
comply in the appropriate databases of past
performance; and
(iv) Consider the Contractor’s failure to
comply in any responsibility determination
or evaluation of past performance.
(g) The Contractor shall insert the
substance of this clause, including this
paragraph (g) in all subcontracts above the
simplified acquisition threshold when the
work will be conducted completely or partly
on federally-controlled facilities.
(End of clause)
[FR Doc. 2015–29947 Filed 11–24–15; 8:45 am]
BILLING CODE 7510–13–P
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]]>Agencies
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73675-73677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29947]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1823 and 1852
RIN 2700-AE16
NASA FAR Supplement: Safety and Health Measures and Mishap
Reporting
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NASA is issuing a final rule to amend the NASA FAR Supplement
(NFS) to revise a clause related to safety and health measures and
mishaps reporting, reduce burden on contractors, and to provide
guidance on specific safety and health measures that the contractor
must take when working on a Federal facility, and the remedies the
Government may take for failure to maintain an effective safety and
health program. The revision is part of NASA's retrospective plan under
Executive Order (EO) 13563 completed in August 2011.
DATES: Effective: December 28, 2015.
FOR FURTHER INFORMATION CONTACT: Marilyn E. Chambers, NASA, Office of
Procurement, telephone 202.358.5154.
SUPPLEMENTARY INFORMATION:
I. Background
NASA published a proposed rule in the Federal Register at 80 FR
48284 on August 12, 2015, to revise both the prescription for and text
of the clause at 1852.223-70, which was retitled from ``Safety and
Health'' to ``Safety and Health Measures and Mishap Reporting'' to
emphasize the purpose of the clause--requiring contractors working at
Federal facilities to have measures in place to protect the safety of
their workers, other individuals
[[Page 73676]]
working at the facility, and the public. To reduce the burden on
contractors, the clause prescription was revised to require it in
solicitations and contracts above the simplified action threshold and
to require it only for contracts involving performance at a Federal
facility. The applicability to subcontracts was also revised to apply
to subcontracts above the simplified acquisition threshold where
performance is at a Federal facility.
Paragraph (b) of the clause lists safety and occupational health
measures, recognized by the Office of Safety and Health Administration
and industry, as standards for both identifying workplace hazards and
for developing a plan for prevention and control of those hazards.
These measures include maintaining an effective worksite safety and
health program with organized and systematic methods to--
1. Comply with Federal, State, and local safety and occupational
health laws and with the safety and occupational health requirements of
the contract;
2. Describe and assign the responsibilities of managers,
supervisors, and employees;
3. Inspect regularly for and identify, evaluate, prevent, and
control hazards;
4. Orient and train employees to eliminate or avoid hazards; and
5. Periodically review the program's effectiveness. Additionally,
paragraph (b) added text concerning authorized Government
representatives' rights to have access to and to examine the work site
and related records under the contract in order to determine the
adequacy of the Contractor's safety and occupational health measures.
Paragraph (d) refers to NASA Procedural Requirement (NPR) 8621.1,
Mishap and Close Call Reporting, Investigating, and Recordkeeping,
which contains a listing and description of the types of mishaps (types
A, B, C, or D) or close calls the contractor must report to the
contracting officer. Paragraph (e) requires contractors to cooperate
with any Government-authorized investigation by providing access to
their employees and relevant information in their possession regarding
the mishap or close call. Paragraph (f) states the Contracting Officer
may notify the Contractor of any noncompliance with the health and
safety requirements of the contract and require corrective action. If
the contractor fails or refuses to take prompt corrective action, the
Contracting Officer may--
(1) Invoke the stop-work order clause;
(2) Require the Contractor to remove and replace Contractor or
subcontractor personnel who fail to comply with or violate applicable
requirements;
(3) Record the Contractor's failure to comply in the appropriate
databases of past performance; and
(4) Consider the Contractor's failure to comply in any
responsibility determination or evaluation of past performance.
Paragraph (g) requires the prime contractor to include the clause
in subcontracts over the simplified acquisition threshold when the work
will be conducted completely or partly on federally-controlled
facilities.
II. Discussion and Analysis
No public comments were received in response to the proposed rule.
However, during internal deliberations a couple of minor changes were
made. Section 1801.106(1) was revised to add new OMB control number
2700-1060, which was assigned for reporting requirements at NFS
1852.223-70. Additionally, paragraph (f)(1) of 1852.223-70 was revised
to change the phrase ``the Contracting Officer shall'' to ``the
Contracting Officer will'' and to remove the term ``any necessary.''
Paragraph (f) (2) was revised to remove ``in addition to other remedies
available to the Government'' and add ``the contracting officer may''
with a list of four actions, previously listed in the proposed rule,
enumerated and rephrased to clearly list the action to be taken:
``invoke,'' ``require,'' ``record,'' and ``consider.'' No other
revisions were made to the proposed rule.
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
NASA has prepared a Final Regulatory Flexibility Analysis (FRFA)
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et se.,
and is summarized as follows:
This rule revises NFS clause 1852.223-70 to reduce burden on
contractors by (1) changing the applicability of the clause to only
contracts over the simplified acquisition threshold and to only those
performed on Federal facilities, and (2) by removing reporting
requirements relating to mishap investigations and health and safety
plans. The clause also provides guidance on specific safety and health
measures the contractor must take when working on a Federal facility,
and the remedies the Government may take for failure to maintain an
effective safety and health program.
No comments were received on the initial regulatory flexibility
analysis from small business concerns or other interested parties.
This rule will apply to small entities performing NASA contracts
with an estimated value over the simplified acquisition threshold on
Federal Facilities. The System for Award Management (SAM) data shows
approximately 154 firms received contracts to which this clause will
apply. Of those 154 firms, 84 were small businesses.
Two reporting requirements are contained in the rule. One is to
notify the contracting officer of mishaps (types A, B, C, or D) or
close calls as described in NASA Procedural Requirement (NPR) 8621.1,
Mishap and Close Call Reporting, Investigating, and Recordkeeping. The
other is to provide a quarterly report on the number of mishaps,
specifying lost time frequency rate, number of lost time injuries,
exposure, and accident/incident dollar losses. This information is
collected so that NASA can analyze mishap data to look for mishap
trends and determine ways to improve the safety of its workforce and
high-value assets and reduce the risk to its missions. This mishap
information would be initially collected by a company manager or
supervisor. It may be reviewed by the firm's official responsible for
safety, usually an occupational health and safety. Lost time frequency
rate, number of lost time injuries, exposure, and accident/incident
dollar losses reports would be prepared by a safety official.
The revisions to NFS clause 1852.223-70 are designed to reduce
burden on contractors by reducing the applicability of the clause and
reducing the paperwork burden. The information requested in the clause
is essential to the NASA health and safety program. Further and
differing compliance alternatives or reporting requirements or
timetables for small entities are not feasible. Having an effective
safety program is crucial to all businesses as it
[[Page 73677]]
reduces injuries, lost time, property damage and creates a more safe
and effective workplace for employees.
V. Paperwork Reduction Act
The rule contains 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). OMB has cleared this information
collection requirement under OMB Control Number 2700-0160, titled:
Safety and Health Measures and Mishap Reporting.
List of Subjects in 48 CFR 1801, 1823, and 1852
Government procurement.
Manuel Quinones,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1801, 1823 and 1852 are amended as
follows:
PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
1. The authority citation for part 1801 is revised to read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
0
2. Section 1801.106 is revised to read as follows:
801.106 OMB approval under the Paperwork Reduction Act.
(1) NFS requirements. The following OMB control numbers apply:
------------------------------------------------------------------------
OMB Control
NFS Segment No.
------------------------------------------------------------------------
1823.................................................... 2700-0089
1852.223-70............................................. 2700-0160
1827.................................................... 2700-0052
1843.................................................... 2700-0054
NF 533.................................................. 2700-0003
NF 1018................................................. 2700-0017
------------------------------------------------------------------------
PART 1823--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
3. The authority citation for part 1823 is revised to read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
0
4. Amend section 1823.7001 by revising paragraphs (a) and (b) to read
as follows:
1823.7001 NASA solicitation provisions and contract clauses.
(a) Insert the clause at 1852.223-70, Safety and Health Measures
and Mishap Reporting, in solicitations and contracts above the
simplified acquisition threshold when the work will be conducted
completely or partly on federally-controlled facilities.
(b) The clause prescribed in paragraph (a) of this section may be
excluded with the approval of the installation official(s) responsible
for matters of safety and occupational health.
* * * * *
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. The authority citation for part 1852 continues to read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
1852.2 [Amended]
0
6. Amend subpart 1852.2 by removing ``1852.223-70 Safety and health''
and adding ``1852.223-70 Safety and Health Measures and Mishap
Reporting'' in its place.
0
7. Revise section 1852.223-70 to read as follows:
1852.223-70 Safety and Health Measures and Mishap Reporting.
As prescribed in 1823.7001(a), insert the following clause:
SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC 2015)
(a) Safety is the freedom from those conditions that can cause
death, injury, occupational illness, damage to or loss of equipment
or property, or damage to the environment. NASA's safety priority is
to protect: (1) The public, (2) astronauts and pilots, (3) the NASA
workforce (including contractor employees working on NASA
contracts), and (4) high-value equipment and property.
(b) The Contractor shall take all reasonable safety and
occupational health measures in performing this contract. The
Contractor shall maintain an effective worksite safety and health
program with organized and systematic methods to--
(1) Comply with Federal, State, and local safety and
occupational health laws and with the safety and occupational health
requirements of this contract;
(2) Describe and assign the responsibilities of managers,
supervisors, and employees;
(3) Inspect regularly for and identify, evaluate, prevent, and
control hazards;
(4) Orient and train employees to eliminate or avoid hazards;
and
(5) Periodically review the program's effectiveness. Authorized
Government representatives shall have access to and the right to
examine the work site and related records under this Contract in
order to determine the adequacy of the Contractor's safety and
occupational health measures.
(c) The Contractor shall take, or cause to be taken, any other
safety, and occupational health-measures the Contracting Officer may
reasonably direct. To the extent that the Contractor may be entitled
to an equitable adjustment for those measures under the terms and
conditions of this contract, the equitable adjustment shall be
determined pursuant to the procedures of the changes clause of this
contract; provided, that no adjustment shall be made under this
Safety and Health clause for any change for which an equitable
adjustment is expressly provided under any other clause of the
contract.
(d) The Contractor shall immediately notify the Contracting
Officer or a designee any Type A, B, C, or D Mishap, or close calls
as defined in NASA Procedural Requirement (NPR) 8621.1, Mishap and
Close Call Reporting, Investigating, and Recordkeeping. In addition,
service contractors (excluding construction contracts) shall provide
quarterly reports specifying lost-time frequency rate, number of
lost-time injuries, exposure, and accident/incident dollar losses as
specified in the contract Schedule.
(e) The Contractor shall cooperate with any Government-
authorized investigation of Type A, B, C, or D Mishaps, or Close
Calls reported pursuant to paragraph (d) of this clause by providing
access to employees; and relevant information in the possession of
the Contractor regarding the mishap or close call.
(f)(1) The Contracting Officer may notify the Contractor of any
noncompliance with this clause and specify corrective actions to be
taken. When the Contracting Officer becomes aware of noncompliance
that may pose a serious or imminent danger to safety and health of
the public, astronauts and pilots, the NASA workforce (including
contractor employees working on NASA contracts), or high value
mission critical equipment or property, the Contracting Officer will
notify the Contractor orally, with written confirmation. The
Contractor shall promptly take corrective action.
(2) If the Contractor fails or refuses to institute prompt
corrective action in accordance with subparagraph (f)(1) of this
clause, the Contracting Officer may--
(i) Invoke the stop-work order clause in this contract;
(ii) Require the Contractor to remove and replace Contractor or
subcontractor personnel who fail to comply with or violate
applicable requirements of this clause;
(iii) Record the Contractor's failure to comply in the
appropriate databases of past performance; and
(iv) Consider the Contractor's failure to comply in any
responsibility determination or evaluation of past performance.
(g) The Contractor shall insert the substance of this clause,
including this paragraph (g) in all subcontracts above the
simplified acquisition threshold when the work will be conducted
completely or partly on federally-controlled facilities.
(End of clause)
[FR Doc. 2015-29947 Filed 11-24-15; 8:45 am]
BILLING CODE 7510-13-P
