NASA Federal Acquisition Regulation Supplement: Remove NASA FAR Supplement Clause Engineering Change Proposals (2016-N030), 75344-75345 [2016-26174]

Download as PDF 75344 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations for small NGSO-like space station operators in the long-term. Report to Congress The Commission will send a copy of this Second Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of this Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. Lhorne on DSK30JT082PROD with RULES Legal Basis The action is authorized under sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), and 303(r). Ordering Clauses It is ordered, that pursuant to sections 4(i), 301, 302, 303(r), 308, 309, and 310 of the Communications Act, 47 U.S.C. 154(i), 301, 302, 303(r), 308, 309, and 310, and section 1.429 of the Commission’s rules, 47 CFR 1.429, the petitions for reconsideration listed in Appendix A to the Second Order on Reconsideration are granted in part, denied in part, and dismissed as moot in part, to the extent indicated above. It is further ordered, pursuant to sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r), that this Second Order on Reconsideration in IB Docket 02–34 is hereby adopted. It is further ordered, that part 25 of the Commission’s Rules is amended as set forth in Appendix B of the Second Order on Reconsideration and section 25.157 is revised to remove the ‘‘threelicensee presumption’’ as well as the requirement that the Commission withhold spectrum for use in a subsequent processing round if fewer than three qualified applicants are licensed in the initial processing round. It is further ordered, that section 25.137(g) is amended to clarify that satellite operators are allowed to notify the Commission of transfers of ownership of Permitted List satellites after the transfer takes place. It is further ordered, that all rule revisions will be effective on the same date, which will be announced in a Public Notice. It is further ordered, that the Consumer Information Bureau, Reference Information Center, shall send a copy of this Order, including the Final Regulatory Flexibility VerDate Sep<11>2014 14:07 Oct 28, 2016 Jkt 241001 Certification, to the Chief Counsel for Advocacy of the Small Business Administration. It is further ordered, that the Chief, International Bureau is delegated authority to modify satellite licenses consistent with the provisions of this Order above. It is further ordered, that this proceeding is terminated pursuant to section 4(i) and 4(j) of the Communications Act, 47 U.S.C. 154(i) and (j), absent applications for review or further appeals of this Second Order on Reconsideration. Federal Communications Commission. Marlene H. Dortch, Secretary. List of Subjects in 47 CFR Part 25 Administrative practice and procedure, Earth stations, Satellites. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 25 as follows: PART 25—SATELLITE COMMUNICATIONS 1. The authority citation for part 25 continues to read as follows: ■ Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted. 2. Revise § 25.137(g) to read as follows: ■ § 25.137 Requests for U.S. market access through non-U.S.-licensed space stations. * * * * * (g) A non-U.S.-licensed satellite operator that acquires control of a nonU.S.-licensed space station that has been permitted to serve the United States must notify the Commission within 30 days after consummation of the transaction so that the Commission can afford interested parties an opportunity to comment on whether the transaction affected any of the considerations we made when we allowed the satellite operator to enter the U.S. market. A non-U.S.-licensed satellite that has been transferred to new owners may continue to provide service in the United States unless and until the Commission determines otherwise. If the transferee or assignee is not licensed by, or seeking a license from, a country that is a member of the World Trade Organization for services covered under the World Trade Organization Basic Telecommunications Agreement, the non-U.S.-licensed satellite operator will be required to make the showing described in paragraph (a) of this section. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 3. Amend § 25.157 by revising paragraph (e) and removing paragraph (g)(3) to read as follows: * * * * * (e)(1) In the event that there is insufficient spectrum in the frequency band available to accommodate all the qualified applicants in a processing round, the available spectrum will be divided equally among the licensees whose applications are granted pursuant to paragraph (d) of this section, except as set forth in paragraph (e)(2) of this section. (2) In cases where one or more applicants apply for less spectrum than they would be warranted under paragraph (e)(1) of this section, those applicants will be assigned the bandwidth amount they requested in their applications. In those cases, the remaining qualified applicants will be assigned the lesser of the amount of spectrum they requested in their applications, or the amount of spectrum that they would be assigned if the available spectrum were divided equally among the remaining qualified applicants. * * * * * ■ [FR Doc. 2016–25935 Filed 10–28–16; 8:45 am] BILLING CODE 6712–01–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1801, 1843 and 1852 RIN 2700–AE35 NASA Federal Acquisition Regulation Supplement: Remove NASA FAR Supplement Clause Engineering Change Proposals (2016–N030) National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: NASA is issuing a final rule amending the NASA Federal Acquisition Regulation Supplement (NFS) to remove the Engineering Change Proposals (ECPs) basic clause with its Alternate I & II and associated information collection from the NFS. DATES: Effective: November 30, 2016. FOR FURTHER INFORMATION CONTACT: Andrew O’Rourke, telephone 202–358– 4560. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background NASA published a proposed rule in the Federal Register at 81 FR 54783 on August 17, 2016, to amend the NFS to remove contract clause 1852.243–70, Engineering Change Proposals (ECPs) E:\FR\FM\31OCR1.SGM 31OCR1 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations with its Alternate I & II and associated information collection from the NFS. Six comments were received in response to the proposed rule. II. Discussion and Analysis NASA reviewed the public comments received in the development of the final rule. The six comments received were advertisements for personal services from the same respondent and completely unrelated to the purpose of this rule. Therefore, no change was made to the final rule as a result of the public comments received. Lhorne on DSK30JT082PROD with RULES 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 A final regulatory flexibility analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is summarized as follows: The National Aeronautics and Space Administration (NASA) is issuing a final rule 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 because the NFS clause is no longer used in procurements and is duplicative to FAR requirements. NASA conducted a retrospective review of its regulations and determined NFS clause 1852.243– 70 should be removed along with the corresponding information collection requirement OMB Control No. 2700— 054. No changes were made to the final rule as a result of public comments received. Comments received in response to the proposed rule were advertisements for personal services and deemed out of scope. NASA does not expect this final rule to have a significant economic impact on a substantial number of small entities VerDate Sep<11>2014 14:07 Oct 28, 2016 Jkt 241001 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 burden on contractors will be reduced, thus providing all entities, both large and small, with a positive benefit. This rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses. There are no significant alternatives that could further minimize the already minimal impact on businesses, small or large. V. 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 changes to the NFS removes the information collection requirements previously approved under OMB Control Number 2700–0054, entitled NFS 1843 Contract Modifications for Engineering Change Proposals (ECP). 1843.205–70 75345 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] 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. ■ [FR Doc. 2016–26174 Filed 10–28–16; 8:45 am] BILLING CODE 7510–13–P DEPARTMENT OF COMMERCE List of Subjects in 48 CFR Parts 1801, 1843, and 1852 Government procurement. National Oceanic and Atmospheric Administration Manuel Quinones, NASA FAR Supplement Manager. [Docket No. 150818742–6210–02] Accordingly, 48 CFR parts 1801, 1843, and 1852 are 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: ■ 50 CFR Part 679 RIN 0648–XF007 Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish by Vessels Using Trawl Gear in the of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; opening. AGENCY: NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to fully use the 2016 groundfish total allowable catch in the GOA. OMB DATES: Effective 1200 hours, Alaska NFS Segment control local time (A.l.t.), October 28, 2016, No. through 2400 hours, A.l.t., December 31, 1823 .......................................... 2700–0089 2016. Comments must be received at the 1827 .......................................... 2700–0052 1852.223–70 ............................. 2700–0160 following address no later than 4:30 NF 533 ...................................... 2700–0003 p.m., A.l.t., November 15, 2016. NF 1018 .................................... 2700–0017 ADDRESSES: You may submit comments on this document, identified by FDMS Docket Number NOAA–NMFS–2015– PART 1843—CONTRACT 0110, by any of the following methods: MODIFICATIONS • Electronic Submission: Submit all ■ 3. Revise section 1843.205–70 to read electronic public comments via the as follows: Federal e-Rulemaking Portal. Go to PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 SUMMARY: E:\FR\FM\31OCR1.SGM 31OCR1

Agencies

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Rules and Regulations]
[Pages 75344-75345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26174]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1801, 1843 and 1852

RIN 2700-AE35


NASA Federal Acquisition Regulation Supplement: Remove NASA FAR 
Supplement Clause Engineering Change Proposals (2016-N030)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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

SUMMARY: NASA is issuing a final rule amending the NASA Federal 
Acquisition Regulation Supplement (NFS) to remove the Engineering 
Change Proposals (ECPs) basic clause with its Alternate I & II and 
associated information collection from the NFS.

DATES: Effective: November 30, 2016.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, telephone 202-358-
4560.

SUPPLEMENTARY INFORMATION: 

I. Background

    NASA published a proposed rule in the Federal Register at 81 FR 
54783 on August 17, 2016, to amend the NFS to remove contract clause 
1852.243-70, Engineering Change Proposals (ECPs)

[[Page 75345]]

with its Alternate I & II and associated information collection from 
the NFS. Six comments were received in response to the proposed rule.

II. Discussion and Analysis

    NASA reviewed the public comments received in the development of 
the final rule. The six comments received were advertisements for 
personal services from the same respondent and completely unrelated to 
the purpose of this rule. Therefore, no change was made to the final 
rule as a result of the public comments received.

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

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    The National Aeronautics and Space Administration (NASA) is issuing 
a final rule 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 because the NFS clause is no longer used in procurements and is 
duplicative to FAR requirements. NASA conducted a retrospective review 
of its regulations and determined NFS clause 1852.243-70 should be 
removed along with the corresponding information collection requirement 
OMB Control No. 2700--054.
    No changes were made to the final rule as a result of public 
comments received. Comments received in response to the proposed rule 
were advertisements for personal services and deemed out of scope.
    NASA does not expect this final 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 burden on contractors will be reduced, thus providing all 
entities, both large and small, with a positive benefit.
    This rule does not include any new reporting, recordkeeping, or 
other compliance requirements for small businesses. There are no 
significant alternatives that could further minimize the already 
minimal impact on businesses, small or large.

V. 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 changes to the NFS removes 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 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:

------------------------------------------------------------------------
                                                                 OMB
                        NFS Segment                            control
                                                                 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.

[FR Doc. 2016-26174 Filed 10-28-16; 8:45 am]
 BILLING CODE 7510-13-P