NASA Federal Acquisition Regulation Supplement: Removal of Reference to the Shared Savings Policy and Associated Clause (NFS Case 2018-N008), 29040-29041 [2018-13463]

Download as PDF 29040 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations comments. However, if the Agency receives significant adverse comment, it will withdraw this final rule by publishing a document in the Federal Register. A significant adverse comment is one that explains: (1) Why the final rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) why the final rule will be ineffective or unacceptable without change. In determining whether a comment necessitates withdrawal of this final rule, NASA will consider whether it warrants a substantive response in a notice and comment process. daltland on DSKBBV9HB2PROD with RULES II. Publication of This Final Rule for Public Comment Is Not Required by Statute Publication of proposed regulations, 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation (FAR). Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or from, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment because it makes nonsubstantive changes to Agency regulations. The rule merely removes from the NFS policy and an associated clause that are outdated. 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. Executive Order 13371 This rule is not subject to Executive Order (E.O.) 13771, Reducing VerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 Regulation and Controlling Regulatory Costs, because this rule is not a significant regulatory action under E.O. 12866. V. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant NFS revision within the meaning of FAR 1.501–1 and 41 U.S.C. 1707 and therefore does not require publication for public comment. VI. Paperwork Reduction Act The rule does not contain any 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). List of Subjects in 48 CFR Parts 1827 and 1852 Government procurement. Geoffrey Sage, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1827 and 1852 are amended as follows: ■ 1. The authority citation for parts 1827 and 1852 continues to read as follows: Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. PART 1827—PATENTS, DATA, AND COPYRIGHTS 1827.409 ■ [Amended] 2. Remove and reserve 1827.409(i). PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1852.227–17 ■ [Removed and Reserved] 3. Remove and reserve 1852.227–17. [FR Doc. 2018–13464 Filed 6–21–18; 8:45 am] BILLING CODE 7510–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1843 and 1852 RIN 2700–AE44 NASA Federal Acquisition Regulation Supplement: Removal of Reference to the Shared Savings Policy and Associated Clause (NFS Case 2018– N008) National Aeronautics and Space Administration. ACTION: Direct final rule. AGENCY: PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 NASA is issuing a final rule to amend the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) to remove reference to the Shared Savings policy and associated clause. DATES: This final rule is effective August 21, 2018. Comments due on or before July 23, 2018. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the Federal Register. SUMMARY: Submit comments identified by NFS Case 2018–N008, using any of the following methods: Æ Federal eRulemaking Portal: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘NFS Case 2018–N008’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘NFS Case 2018– N008’’. Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘NFS Case 2018–N008’’ on any uploaded files.’’ Æ Email: marilyn.seppi-1@nasa.gov. Include ‘‘NFS Case 2018–N008’’ in the subject line of the message. FOR FURTHER INFORMATION CONTACT: Marilyn J. Seppi, NASA Headquarters, Office of Procurement, Contract and Grant Policy Division, Suite 5H35, 300 E. Street SW, Washington, DC 20456– 0001. Telephone 202–358–0447. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background NFS subpart 1843.71, Shared Savings, and associated clause 1852.243–71, Shared Savings, were added to the NFS in 1997. The intent of the clause was to provide an incentive for contractors to identify and implement significant cost reduction programs. In return, they would be eligible for a share of the realized savings which resulted from those cost-cutting projects once they were approved by the contracting officer. Pursuant to Executive Order 13563, Improving Regulation and Regulatory Review, and Executive Order 13777, Enforcing the Regulatory Reform Agenda, NASA is continually reviewing existing regulations with the objective of reducing or removing any unnecessary, outdated and burdensome requirements that have outlived their intended purpose, NFS 1843.71, Shared Savings, and associated clause 1852.243–71, Shared Savings were reviewed and recommended for removal from the NFS since they are duplicative of the FAR part 48, Value Engineering Change Proposal (VECP) program and associated clauses implemented under OMB Circular A–131, Value Engineering. The FAR VECP clauses provide the same E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations incentive to contactors as the NFS Shared Savings clause. NASA does not anticipate opposition to the changes or significant adverse comments. However, if the Agency receives significant adverse comment, it will withdraw this final rule by publishing a document in the Federal Register. A significant adverse comment is one that explains: (1) Why the final rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) why the final rule will be ineffective or unacceptable without change. In determining whether a comment necessitates withdrawal of this final rule, NASA will consider whether it warrants a substantive response in a notice and comment process. daltland on DSKBBV9HB2PROD with RULES II. Publication of This Final Rule for Public Comment Is Not Required by Statute Publication of proposed regulations, 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation (FAR). Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment because it makes nonsubstantive changes to Agency regulations that has minimal impact on contractors or offerors as there are value engineering proposal clauses prescribed in FAR part 48 that may be utilized in lieu of the NFS clause. The rule merely removes from the NFS policy and an associated clause that is outdated and redundant to policy that is already provided for in the FAR. 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 VerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 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. DEPARTMENT OF COMMERCE IV. Executive Order 13371 [Docket No. 170627600–8521–02] This rule is not subject to Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, because this rule is not a significant regulatory action under E.O. 12866. RIN 0648–BG99 V. Regulatory Flexibility Act 29041 AGENCY: The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant NFS revision within the meaning of FAR 1.501–1 and 41 U.S.C. 1707 and therefore does not require publication for public comment. VI. Paperwork Reduction Act The rule does not contain any 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). List of Subjects in 48 CFR Parts 1843 and 1852 Government procurement. Geoffrey Sage, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1843 and 1852 are amended as follows: 1. The authority citation for parts 1843 and 1852 continues to read as follows: ■ Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. PART 1843—CONTRACT MODIFICATIONS Subpart 1843.71 [Removed] 2. Remove subpart 1843.71, consisting of sections 1843.7101 and 1843.7102. ■ PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1852.243–71 ■ [Removed and Reserved] 3. Remove and reserve 1852.243–71. [FR Doc. 2018–13463 Filed 6–21–18; 8:45 am] BILLING CODE 7510–13–P PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 622 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Mutton Snapper and Gag Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. NMFS issues regulations to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This final rule revises the mutton snapper commercial and recreational minimum size limits, the recreational bag limit, and the stock annual catch limit (ACL). In addition, this final rule revises the gag commercial minimum size limit. The purposes of this final rule are to reduce harvest of mutton snapper to prevent overfishing while also achieving optimum yield (OY), and streamline management measures to help increase compliance with the fishing regulations for mutton snapper and gag in the exclusive economic zone (EEZ) of the Gulf off Florida. DATES: This final rule is effective July 23, 2018. ADDRESSES: Electronic copies of the framework action, which includes an environmental assessment, a regulatory impact review, and a Regulatory Flexibility Act (RFA) analysis may be obtained from the Southeast Regional Office website at https:// sero.nmfs.noaa.gov/sustainable_ fisheries/gulf_fisheries/reef_fish/2017/ mutton_gag/mutton_gag_index.html. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS SERO, telephone: 727–824–5305, email: Rich.Malinowski@noaa.gov. SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes mutton snapper and gag and is managed under the FMP. The FMP was prepared by the Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the MagnusonSUMMARY: E:\FR\FM\22JNR1.SGM 22JNR1

Agencies

National Aeronautics and Space Administration

[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29040-29041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13463]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1843 and 1852

RIN 2700-AE44


NASA Federal Acquisition Regulation Supplement: Removal of 
Reference to the Shared Savings Policy and Associated Clause (NFS Case 
2018-N008)

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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

SUMMARY: NASA is issuing a final rule to amend the NASA Federal 
Acquisition Regulation (FAR) Supplement (NFS) to remove reference to 
the Shared Savings policy and associated clause.

DATES: This final rule is effective August 21, 2018. Comments due on or 
before July 23, 2018. If adverse comments are received, NASA will 
publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Submit comments identified by NFS Case 2018-N008, using any 
of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by searching for 
``NFS Case 2018-N008''. Select the link ``Comment Now'' that 
corresponds with ``NFS Case 2018-N008''. Follow the instructions 
provided on the screen. Please include your name, company name (if 
any), and ``NFS Case 2018-N008'' on any uploaded files.''
    [cir] Email: [email protected]. Include ``NFS Case 2018-
N008'' in the subject line of the message.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Seppi, NASA Headquarters, 
Office of Procurement, Contract and Grant Policy Division, Suite 5H35, 
300 E. Street SW, Washington, DC 20456-0001. Telephone 202-358-0447.

SUPPLEMENTARY INFORMATION:

I. Background

    NFS subpart 1843.71, Shared Savings, and associated clause 
1852.243-71, Shared Savings, were added to the NFS in 1997. The intent 
of the clause was to provide an incentive for contractors to identify 
and implement significant cost reduction programs. In return, they 
would be eligible for a share of the realized savings which resulted 
from those cost-cutting projects once they were approved by the 
contracting officer. Pursuant to Executive Order 13563, Improving 
Regulation and Regulatory Review, and Executive Order 13777, Enforcing 
the Regulatory Reform Agenda, NASA is continually reviewing existing 
regulations with the objective of reducing or removing any unnecessary, 
outdated and burdensome requirements that have outlived their intended 
purpose, NFS 1843.71, Shared Savings, and associated clause 1852.243-
71, Shared Savings were reviewed and recommended for removal from the 
NFS since they are duplicative of the FAR part 48, Value Engineering 
Change Proposal (VECP) program and associated clauses implemented under 
OMB Circular A-131, Value Engineering. The FAR VECP clauses provide the 
same

[[Page 29041]]

incentive to contactors as the NFS Shared Savings clause.
    NASA does not anticipate opposition to the changes or significant 
adverse comments. However, if the Agency receives significant adverse 
comment, it will withdraw this final rule by publishing a document in 
the Federal Register. A significant adverse comment is one that 
explains: (1) Why the final rule is inappropriate, including challenges 
to the rule's underlying premise or approach; or (2) why the final rule 
will be ineffective or unacceptable without change. In determining 
whether a comment necessitates withdrawal of this final rule, NASA will 
consider whether it warrants a substantive response in a notice and 
comment process.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the statute 
which applies to the publication of the Federal Acquisition Regulation 
(FAR). Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because it makes nonsubstantive changes to Agency regulations that has 
minimal impact on contractors or offerors as there are value 
engineering proposal clauses prescribed in FAR part 48 that may be 
utilized in lieu of the NFS clause. The rule merely removes from the 
NFS policy and an associated clause that is outdated and redundant to 
policy that is already provided for in the FAR.

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. Executive Order 13371

    This rule is not subject to Executive Order (E.O.) 13771, Reducing 
Regulation and Controlling Regulatory Costs, because this rule is not a 
significant regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant NFS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and therefore does not 
require publication for public comment.

VI. Paperwork Reduction Act

    The rule does not contain any 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).

List of Subjects in 48 CFR Parts 1843 and 1852

    Government procurement.

Geoffrey Sage,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1843 and 1852 are amended as follows:

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

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

PART 1843--CONTRACT MODIFICATIONS

Subpart 1843.71 [Removed]

0
2. Remove subpart 1843.71, consisting of sections 1843.7101 and 
1843.7102.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.243-71   [Removed and Reserved]

0
3. Remove and reserve 1852.243-71.

[FR Doc. 2018-13463 Filed 6-21-18; 8:45 am]
BILLING CODE 7510-13-P

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