NASA Federal Acquisition Regulation Supplement: Remove NASA FAR Supplement Clause Engineering Change Proposals (2016-N030), 75344-75345 [2016-26174]
Download as PDF
<![CDATA[
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]
=======================================================================
-----------------------------------------------------------------------
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
