Remove NASA FAR Supplement Clause, Engineering Change Proposals (2016-N030), 54783-54785 [2016-19566]

Download as PDF Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules The affected sources covered by Kentucky’s Stage II vapor recovery requirements are sources of VOC. Other criteria pollutants (carbon monoxide, sulfur dioxide, nitrogen dioxide, particulate matter, and lead) are not emitted by gasoline dispensing facilities and will not be affected by the removal of Stage II controls. The proposed revisions to 401 KAR 59:174 include that gasoline dispensing facilities located in Boone, Campbell and Kenton Counties shall decommission and remove the systems no later than December 31, 2018. Kentucky noted in its submission that the decommissioning procedures in the revised version of 401 KAR 59:174 follow Petroleum Equipment Institute (PEI) guidance, ‘‘Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Refueling Sites,’’ PEI/RP300–09. EPA is proposing to determine that Kentucky’s technical analysis is consistent with EPA’s guidance on removing Stage II requirements from a SIP, including as it relates to the decommissioning and phasing out of the Stage II requirements for the Northern Kentucky Area. EPA is also making the preliminary determination that Kentucky’s SIP revision is consistent with the CAA and with EPA’s regulations related to removal of Stage II requirements from the SIP and that these changes will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the CAA, and therefore satisfy section 110(l). IV. Incorporation by Reference mstockstill on DSK3G9T082PROD with PROPOSALS In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Kentucky Regulation 401 KAR 59:174— Stage II controls at gasoline dispensing facilities, effective March 4, 2016. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 office (please contact the person identified in the FOR FURTHER the UST. Unless it is lost as a fugitive emission, any tank pressure in excess of the rating of the pressure/ vacuum valve is vented to the atmosphere over the course of a day. See EPA, Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures, EPA–457/B–12–001 (Aug. 7, 2012), available at: https://www.epa.gov/ozone-pollution/ ozone-stage-two-vapor-recovery-rule-and-guidance. Thus, as ORVR technology is phased in, the amount of emission control that is gained through Stage II systems decreases. VerDate Sep<11>2014 16:15 Aug 16, 2016 Jkt 238001 section of this preamble for more information). INFORMATION CONTACT V. Proposed Action EPA is proposing to approve the Commonwealth of Kentucky’s May 3, 2016, SIP revision that changes Kentucky’s Stage II rule, 401 KAR 59:174, to allow for the removal of the Stage II requirement and the orderly decommissioning of Stage II equipment. EPA is proposing this approval because the Agency has made the preliminary determination that the Commonwealth of Kentucky’s May 3, 2016, SIP revision related to the Commonwealth’s Stage II rule is consistent with the CAA and with EPA’s regulations and guidance. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 54783 Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 8, 2016. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2016–19538 Filed 8–16–16; 8:45 am] BILLING CODE 6560–50–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1801, 1815, and 1852 RIN 2700–AE35 Remove NASA FAR Supplement Clause, Engineering Change Proposals (2016–N030) National Aeronautics and Space Administration. ACTION: Proposed rule. AGENCY: National Aeronautics and Space Administration (NASA) is proposing to amend the NASA FAR Supplement (NFS) to remove NFS clause 1852.243–70, Engineering Change Proposals (ECPs) basic clause with its Alternate I & II and associated information collection from the NFS. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before October 17, 2016 to be considered in formulation of the final rule. ADDRESSES: Submit comments identified by NFS Case 2016–N030, using any of the following methods: SUMMARY: E:\FR\FM\17AUP1.SGM 17AUP1 54784 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules Æ Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘NFS Case 2016–N030’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘NFS Case 2016–N030.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘NFS Case 2016–N030’’ on your attached document. Æ Email: andrew.orourke@nasa.gov. Include NFS Case 2016–N030 in the subject line of the message. Æ Fax: (202) 358–3082. Æ Mail: National Aeronautics and Space Administration, Headquarters, Office of Procurement, Contract and Grant Policy Division, Attn: Andrew O’Rourke, LP–011, Suite 5L32, 300 E. Street SW., Washington, DC 20546– 0001. collection under OMB Control Number 2700–054. II. Discussion NASA is proposing the following revisions to eliminate unnecessary NFS requirements: • Delete NFS segment 1843 and OMB Control Number 2700–054 from 1801.106–1. • Remove the prescription at NFS 1843.205–70(a). • Delete NFS clause 1852.243–70, Engineering Change Proposals. I. Background 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 proposed rule is not a major rule under 5 U.S.C. 804. NASA FAR Supplement clause 1852.243–70, Engineering Change Proposals, requires NASA contractors and vendors to submit contract change proposal information. The Office of Management and Budget (OMB) has approved the collection of this information via OMB Control Number 2700–054 that expires on September 30, 2017. In processing the request for renewal of this information collection under OMB Control Number 2700–054 and as part of NASA’s continuing retrospective review of existing regulations to reduce unnecessary, outdated and/or burdensome requirements, NASA Office of Procurement (OP) surveyed its procurement offices to ascertain whether or not NFS clause 1852.243–70, Engineering Change Proposals, was necessary. The results of the review indicated that NFS clause 1852.243–70 was no longer utilized in procurements. Instead, the FAR Changes clauses (FAR 52.243–1 through 52.243–5) were being utilized to process engineering change proposals in lieu of this NFS clause. Thus, NASA is proposing to delete NFS clause 1852.243–70, Engineering Change Proposals, with its Alternate I & II and the corresponding information IV. Regulatory Flexibility Act NASA does not expect this proposed rule 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 we are removing a NFS clause and its associated information collection requirements for contractors. By removing this clause, the information collection requirement on contractors will be eliminated, thus providing all entities, both large and small, with a positive benefit. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: In preparing the request for renewal of this information collection under OMB Control Number 2700–054 and as part of NASA’s continuing retrospective review of existing regulations to reduce unnecessary, outdated and/or burdensome requirements, NASA Office of Procurement its procurement offices to ascertain whether or not NFS clause 1852.243–70, Engineering Change Proposals, was necessary. The results of the review indicated that NFS clause 1852.243–70 was no longer utilized in procurements. Instead, the FAR changes clauses were being utilized to process FOR FURTHER INFORMATION CONTACT: mstockstill on DSK3G9T082PROD with PROPOSALS Andrew O’Rourke, NASA, Office of Procurement, Contract and Grant Policy Division, Suite 5L32, 300 E. Street SW., Washington, DC 20456–0001. Telephone (202) 358–4560; facsimile (202) 358–3082; email: andrew.orourke@nasa.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:15 Aug 16, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 engineering change proposals in lieu of this NFS clause. Thus, NASA is proposing to delete NFS clause 1852.243–70, Engineering Change Proposals, with its Alternate I & II and the corresponding information collection under OMB Control Number 2700–054. This proposed rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses. The proposed rule does not duplicate, overlap, or conflict with any other Federal rules. No alternative approaches were considered. NASA invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (NFS case 2016–N030) in correspondence. C. Paperwork Reduction Act The rule contains information collection requirements that require the approval of the OMB under the Paperwork Reduction Act (44 U.S.C chapter 35); however, the proposed changes to the NFS would remove the information collection requirements previously approved under OMB Control Number 2700–0054, entitled NFS 1843 Contract Modifications for Engineering Change Proposals (ECP). List of Subjects in 48 CFR Parts 1801, 1843, and 1852 Government procurement. Manuel Quinones, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1801, 1843, and 1852 are proposed to be amended as follows: 1. The authority citation for parts 1801, 1843 and 1852 continues to read as follows: ■ Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. PART 1801—FEDERAL ACQUISITION REGULATIONS SYSTEM 2. Revise Section 1801.106 to read as follows: ■ 1801.106 OMB approval under the Paperwork Reduction Act. The following OMB control numbers apply: E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules NFS segment OMB Control No. 1843.205–70 NASA contract clauses. The contracting officer may insert a 1823 ...................................... 2700–0089 clause substantially as stated at 1827 ...................................... 2700–0052 1852.243–72, Equitable Adjustments, in 1852.223–70 ......................... 2700–0160 solicitations and contracts for— NF 533 .................................. 2700–0003 (a) Dismantling, demolishing, or NF 1018 ................................ 2700–0017 removing improvements; or (b) Construction, when the contract PART 1843—CONTRACT amount is expected to exceed the MODIFICATIONS simplified acquisition threshold and a fixed-price contract is contemplated. ■ 3. Revise Section 1843.205–70 to read as follows: PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1852.243–70 [Removed and reserved] 4. Section 1852.243–70 is removed and reserved. ■ 1852.243–72 [Amended] 5. Amend section 1852.243–72 by removing ‘‘1843.205–70(b)’’ and adding ‘‘1843.205–70’’ in its place in the introductory text. ■ [FR Doc. 2016–19566 Filed 8–16–16; 8:45 am] mstockstill on DSK3G9T082PROD with PROPOSALS BILLING CODE 7510–13–P VerDate Sep<11>2014 16:15 Aug 16, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4702 Sfmt 9990 54785 E:\FR\FM\17AUP1.SGM 17AUP1

Agencies

[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Proposed Rules]
[Pages 54783-54785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19566]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1815, and 1852

RIN 2700-AE35


Remove NASA FAR Supplement Clause, Engineering Change Proposals 
(2016-N030)

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: National Aeronautics and Space Administration (NASA) is 
proposing to amend the NASA FAR Supplement (NFS) to remove NFS clause 
1852.243-70, Engineering Change Proposals (ECPs) basic clause with its 
Alternate I & II and associated information collection from the NFS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before October 17, 2016 to be considered 
in formulation of the final rule.

ADDRESSES: Submit comments identified by NFS Case 2016-N030, using any 
of the following methods:

[[Page 54784]]

    [cir] Regulations.gov: https://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``NFS Case 2016-N030'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NFS Case 
2016-N030.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NFS Case 2016-N030'' on your attached document.
    [cir] Email: andrew.orourke@nasa.gov. Include NFS Case 2016-N030 in 
the subject line of the message.
    [cir] Fax: (202) 358-3082.
    [cir] Mail: National Aeronautics and Space Administration, 
Headquarters, Office of Procurement, Contract and Grant Policy 
Division, Attn: Andrew O'Rourke, LP-011, Suite 5L32, 300 E. Street SW., 
Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, NASA, Office of 
Procurement, Contract and Grant Policy Division, Suite 5L32, 300 E. 
Street SW., Washington, DC 20456-0001. Telephone (202) 358-4560; 
facsimile (202) 358-3082; email: andrew.orourke@nasa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    NASA FAR Supplement clause 1852.243-70, Engineering Change 
Proposals, requires NASA contractors and vendors to submit contract 
change proposal information. The Office of Management and Budget (OMB) 
has approved the collection of this information via OMB Control Number 
2700-054 that expires on September 30, 2017. In processing the request 
for renewal of this information collection under OMB Control Number 
2700-054 and as part of NASA's continuing retrospective review of 
existing regulations to reduce unnecessary, outdated and/or burdensome 
requirements, NASA Office of Procurement (OP) surveyed its procurement 
offices to ascertain whether or not NFS clause 1852.243-70, Engineering 
Change Proposals, was necessary. The results of the review indicated 
that NFS clause 1852.243-70 was no longer utilized in procurements. 
Instead, the FAR Changes clauses (FAR 52.243-1 through 52.243-5) were 
being utilized to process engineering change proposals in lieu of this 
NFS clause. Thus, NASA is proposing to delete NFS clause 1852.243-70, 
Engineering Change Proposals, with its Alternate I & II and the 
corresponding information collection under OMB Control Number 2700-054.

II. Discussion

    NASA is proposing the following revisions to eliminate unnecessary 
NFS requirements:
     Delete NFS segment 1843 and OMB Control Number 2700-054 
from 1801.106-1.
     Remove the prescription at NFS 1843.205-70(a).
     Delete NFS clause 1852.243-70, Engineering Change 
Proposals.

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 proposed rule is not a major 
rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    NASA does not expect this proposed rule 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 we are removing a NFS clause and its associated information 
collection requirements for contractors. By removing this clause, the 
information collection requirement on contractors will be eliminated, 
thus providing all entities, both large and small, with a positive 
benefit. However, an initial regulatory flexibility analysis has been 
performed and is summarized as follows:
    In preparing the request for renewal of this information collection 
under OMB Control Number 2700-054 and as part of NASA's continuing 
retrospective review of existing regulations to reduce unnecessary, 
outdated and/or burdensome requirements, NASA Office of Procurement its 
procurement offices to ascertain whether or not NFS clause 1852.243-70, 
Engineering Change Proposals, was necessary. The results of the review 
indicated that NFS clause 1852.243-70 was no longer utilized in 
procurements. Instead, the FAR changes clauses were being utilized to 
process engineering change proposals in lieu of this NFS clause. Thus, 
NASA is proposing to delete NFS clause 1852.243-70, Engineering Change 
Proposals, with its Alternate I & II and the corresponding information 
collection under OMB Control Number 2700-054. This proposed rule does 
not include any new reporting, recordkeeping, or other compliance 
requirements for small businesses. The proposed rule does not 
duplicate, overlap, or conflict with any other Federal rules. No 
alternative approaches were considered.
    NASA invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    NASA will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (NFS case 2016-N030) in 
correspondence.

C. Paperwork Reduction Act

    The rule contains information collection requirements that require 
the approval of the OMB under the Paperwork Reduction Act (44 U.S.C 
chapter 35); however, the proposed changes to the NFS would remove the 
information collection requirements previously approved under OMB 
Control Number 2700-0054, entitled NFS 1843 Contract Modifications for 
Engineering Change Proposals (ECP).

List of Subjects in 48 CFR Parts 1801, 1843, and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1801, 1843, and 1852 are proposed to be 
amended as follows:

0
1. The authority citation for parts 1801, 1843 and 1852 continues to 
read as follows:

    Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.

PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Revise Section 1801.106 to read as follows:


1801.106  OMB approval under the Paperwork Reduction Act.

    The following OMB control numbers apply:

[[Page 54785]]



------------------------------------------------------------------------
                                                            OMB Control
                       NFS segment                              No.
------------------------------------------------------------------------
1823....................................................       2700-0089
1827....................................................       2700-0052
1852.223-70.............................................       2700-0160
NF 533..................................................       2700-0003
NF 1018.................................................       2700-0017
------------------------------------------------------------------------

PART 1843--CONTRACT MODIFICATIONS

0
3. Revise Section 1843.205-70 to read as follows:


1843.205-70  NASA contract clauses.

    The contracting officer may insert a clause substantially as stated 
at 1852.243-72, Equitable Adjustments, in solicitations and contracts 
for--
    (a) Dismantling, demolishing, or removing improvements; or
    (b) Construction, when the contract amount is expected to exceed 
the simplified acquisition threshold and a fixed-price contract is 
contemplated.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.243-70  [Removed and reserved]

0
4. Section 1852.243-70 is removed and reserved.


1852.243-72  [Amended]

0
5. Amend section 1852.243-72 by removing ``1843.205-70(b)'' and adding 
``1843.205-70'' in its place in the introductory text.

[FR Doc. 2016-19566 Filed 8-16-16; 8:45 am]
 BILLING CODE 7510-13-P
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