Federal Acquisition Regulation Supplement: Revision of the Definition of “Commercial Item” (NFS Case 2022-N003), 64384-64385 [2023-17720]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 64384 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations Estimated Time per Response: 2 hours. Frequency of Response: On occasion reporting requirement; Recordkeeping requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in section 154(i) of the Communications Act of 1934, as amended. Total Annual Burden: 500 hours. Annual Cost Burden: $250,000. Needs and Uses: The Commission adopted on April 17, 2023, the Report and Order (R&O), In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, Update of Parts 74 of the Commission’s Rules Related to Low Power Television and Television Translator Stations, MB Docket Nos. 03–185 and 22–261, FCC 23–25. The R&O adopted a number of revisions to the Commission’s rules to specify electronic rather than paper submission in the following instances: Section 74.734(a)(4) requires that a notification must be made with the Commission via a Change of Control Point Notice in the Commission’s Licensing and Management System (LMS) providing the name, address, and telephone number of person(s) who may be called to secure suspension of operation of a transmitter promptly should the FCC deem such action necessary. Section 74.735(c)(4) requires that all azimuth plane patterns be plotted in a PDF attachment to the application in LMS in a size sufficient to be easily viewed. Section 74.735(c)(6) requires that all azimuth plane patterns be plotted in a PDF attachment to the application in LMS in a size sufficient to be easily viewed. Section 74.735(c)(7) requires that if a matrix pattern is submitted in the LMS application form, similar tabulations must be provided as necessary in the form of a spreadsheet attachment to the application in LMS to accurately represent the pattern. Section 74.763(b) provides that in the event that causes beyond the control of the low power or translator station licensee make it impossible to continue operating, the licensee may discontinue operation for a period of not more than 30 days without further authority from the FCC. Section 74.763(b) requires that no later than the tenth day of discontinued operation, notification must be sent electronically via a Suspension of Operations Notice filing in the Commission’s LMS database. In the event normal operation is restored before the end of the 30 day period, the licensee must notify the FCC of the date VerDate Sep<11>2014 16:04 Sep 18, 2023 Jkt 259001 that normal operations resumed by filing a Resumption of Operations Notice filing in LMS. Finally, § 74.763(b) requires that if causes beyond the control of the licensee make it impossible to comply within the allowed period, a licensee may make a request for Special Temporary Authority via LMS no later than the 30th day for such additional time as may be necessary. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer. [FR Doc. 2023–20172 Filed 9–18–23; 8:45 am] BILLING CODE 6712–01–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 1812, 1813, 1816, 1819, 1823, 1832, and 1852 [Notice: (23–089)] RIN 2700–AE71 Federal Acquisition Regulation Supplement: Revision of the Definition of ‘‘Commercial Item’’ (NFS Case 2022– N003) National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: National Aeronautics and Space Administration (NASA) is issuing a final rule amending the NASA Federal Acquisition Regulation Supplement (NFS) to conform to changes in the Federal Acquisition Regulation (FAR) that reflect an updated ‘‘commercial item’’ definition pursuant to a section of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115–232). DATES: Effective: October 19, 2023. FOR FURTHER INFORMATION CONTACT: Andrew O’Rourke, NASA HQs, Office of Procurement Management and Policy Division, LP–011, 300 E Street SW, Washington, DC 20456–0001. Telephone 202–358–4560; facsimile 202–358–3082. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background This final rule amends the NASA FAR Supplement (NFS) to change instances of ‘‘commercial item(s)’’ with commercial product(s), commercial services(s), or both commercial product(s) and commercial service(s) to match similar actions taken in the Federal Acquisition Regulation (FAR). FAR Case 2018–018 was published as a final rule at 86 FR 61017 on November PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 4, 2021, to implement section 836 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) to separate the definition of ‘‘commercial item’’ into the definitions of ‘‘commercial product’’ and ‘‘commercial service.’’ It is important to note that the amendment to separate ‘‘commercial item’’ with ‘‘commercial product’’ and ‘‘commercial service’’ does not expand or shrink the universe of products or services that the Government may procure using NFS part 1812, nor does it change the terms and conditions vendors must comply with. This rule does not add any new solicitation provisions or contract clauses. This rule merely replaces the term ‘‘commercial item(s)’’ with ‘‘commercial product(s),’’ ‘‘commercial service(s),’’ ‘‘commercial product(s) or commercial service(s),’’ or ‘‘commercial product(s) and commercial service(s)’’ in the NFS including in part 1852, as appropriate. It does not add any new burdens because the case does not add or change any requirements with which vendors must comply. 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. 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 NASA is not issuing a new regulation; rather, this rule is merely an editorial change and will provide consistent language to the FAR (pursuant to section 836 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115– 232)) throughout the NFS. The rule does not expand or shrink the universe of products or services that the Government may procure using NFS part 1812, nor does it change the terms and conditions vendors must comply with. These requirements affect only the internal operating procedures of the Government. E:\FR\FM\19SER1.SGM 19SER1 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 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. requirements with which vendors must comply. ■ IV. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a ‘‘major rule’’ may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This rule has been reviewed and determined by OMB not to be a ‘‘major rule’’ under 5 U.S.C. 804(2). Subpart 1832.1—Other Than Commercial Products and Services Financing V. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply to this rule, because an opportunity for public comment is not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see Section II. of this preamble). Accordingly, no regulatory flexibility analysis is required, and none has been prepared. ddrumheller on DSK120RN23PROD with RULES1 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 1812, 1813, 1816, 1819, 1823, 1832, and 1852 Government procurement. Erica Jones, NASA FAR Supplement Manager. Accordingly, 48 CFR parts 1812, 1813, 1816, 1819, 1823, 1832, and 1852 are amended as follows: VerDate Sep<11>2014 16:04 Sep 18, 2023 Jkt 259001 1. The authority citation for parts 1812, 1813, 1816, 1819, 1823, 1832 and 1852 continues to read as follows: Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. PARTS 1812, 1813, 1816, 1819, 1823, 1832, and 1852—[AMENDED] 2. In parts 1812, 1816, 1819, 1823, 1832, and 1852 revise all references to ‘‘Commercial Items’’ to read ‘‘Commercial Products and Commercial Services.’’ ■ 3. Amend Part 1832, by— ■ a. Revising the subpart heading of 1832.1. ■ b. Revising the heading to section 1832.111. ■ c. Revising the subpart heading of 1832.4. The revisions read as follows: ■ * * * * * 1832.111 Contractor clauses for other than commercial purchases Subpart 1832.4—Advance Payments for Other Than Commercial Products and Commercial Services * * * * * [FR Doc. 2023–17720 Filed 9–18–23; 8:45 am] BILLING CODE 7510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220523–0193; RTID 0648– XD337] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category September Time Period Quota Transfer and Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer and closure. AGENCY: NMFS is transferring 21.7 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category September time period resulting in an adjusted September time period subquota of 210 mt and a Reserve category quota of 5.7 mt. NMFS is also simultaneously closing the General category fishery for large medium and giant (i.e., measuring SUMMARY: PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 64385 73 inches (185 centimeters)) curved fork length or greater) BFT for the September time period. This action also waives the previously scheduled restricted-fishing days (RFDs) for the remainder of the September time period. With the RFDs waived during the closure, fishermen aboard General category permitted vessels and Highly Migratory Species (HMS) Charter/Headboat permitted vessels may tag and release BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs. On October 1, 2023, the fishery will reopen automatically and previously scheduled RFDs for October will resume. DATES: The transfer is effective September 17, 2023, through September 30, 2023. The closure is effective 11:30 p.m., local time, September 17, 2023, through September 30, 2023. FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503, and Ann Williamson, ann.williamson@noaa.gov, 301–427– 8503. SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT fisheries, are managed under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) and its amendments are implemented by regulations at 50 CFR part 635. Section 635.27 divides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in the 2006 Consolidated HMS FMP and its amendments. NMFS is required under the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest quotas under relevant international fishery agreements such as the ICCAT Convention, which is implemented domestically pursuant to ATCA. As described in § 635.27(a), the current baseline U.S. BFT quota is 1,316.14 metric tons (mt) (not including the 25 mt ICCAT allocated to the United States to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area). The baseline quotas for the General and Reserve categories are 710.7 mt and 38.2 mt, respectively. The General category baseline quota is suballocated to different time periods. Relevant to this action, the baseline subquota for the E:\FR\FM\19SER1.SGM 19SER1

Agencies

National Aeronautics and Space Administration

[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64384-64385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17720]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1812, 1813, 1816, 1819, 1823, 1832, and 1852

[Notice: (23-089)]
RIN 2700-AE71


Federal Acquisition Regulation Supplement: Revision of the 
Definition of ``Commercial Item'' (NFS Case 2022-N003)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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

SUMMARY: National Aeronautics and Space Administration (NASA) is 
issuing a final rule amending the NASA Federal Acquisition Regulation 
Supplement (NFS) to conform to changes in the Federal Acquisition 
Regulation (FAR) that reflect an updated ``commercial item'' definition 
pursuant to a section of the John S. McCain National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232).

DATES: Effective: October 19, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, NASA HQs, Office of 
Procurement Management and Policy Division, LP-011, 300 E Street SW, 
Washington, DC 20456-0001. Telephone 202-358-4560; facsimile 202-358-
3082.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule amends the NASA FAR Supplement (NFS) to change 
instances of ``commercial item(s)'' with commercial product(s), 
commercial services(s), or both commercial product(s) and commercial 
service(s) to match similar actions taken in the Federal Acquisition 
Regulation (FAR). FAR Case 2018-018 was published as a final rule at 86 
FR 61017 on November 4, 2021, to implement section 836 of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 
115-232) to separate the definition of ``commercial item'' into the 
definitions of ``commercial product'' and ``commercial service.''
    It is important to note that the amendment to separate ``commercial 
item'' with ``commercial product'' and ``commercial service'' does not 
expand or shrink the universe of products or services that the 
Government may procure using NFS part 1812, nor does it change the 
terms and conditions vendors must comply with.
    This rule does not add any new solicitation provisions or contract 
clauses. This rule merely replaces the term ``commercial item(s)'' with 
``commercial product(s),'' ``commercial service(s),'' ``commercial 
product(s) or commercial service(s),'' or ``commercial product(s) and 
commercial service(s)'' in the NFS including in part 1852, as 
appropriate. It does not add any new burdens because the case does not 
add or change any requirements with which vendors must comply.

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. 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 NASA is not issuing a new regulation; rather, this rule is 
merely an editorial change and will provide consistent language to the 
FAR (pursuant to section 836 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)) throughout 
the NFS. The rule does not expand or shrink the universe of products or 
services that the Government may procure using NFS part 1812, nor does 
it change the terms and conditions vendors must comply with. These 
requirements affect only the internal operating procedures of the 
Government.

[[Page 64385]]

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. requirements with which vendors must comply.

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a ``major rule'' may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. 
This rule has been reviewed and determined by OMB not to be a ``major 
rule'' under 5 U.S.C. 804(2).

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see 
Section II. of this preamble). Accordingly, no regulatory flexibility 
analysis is required, and none has been prepared.

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 1812, 1813, 1816, 1819, 1823, 
1832, and 1852

    Government procurement.

Erica Jones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1812, 1813, 1816, 1819, 1823, 1832, and 
1852 are amended as follows:

0
1. The authority citation for parts 1812, 1813, 1816, 1819, 1823, 1832 
and 1852 continues to read as follows:

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

PARTS 1812, 1813, 1816, 1819, 1823, 1832, and 1852--[AMENDED]

0
2. In parts 1812, 1816, 1819, 1823, 1832, and 1852 revise all 
references to ``Commercial Items'' to read ``Commercial Products and 
Commercial Services.''

0
3. Amend Part 1832, by--
0
a. Revising the subpart heading of 1832.1.
0
b. Revising the heading to section 1832.111.
0
c. Revising the subpart heading of 1832.4.
    The revisions read as follows:

Subpart 1832.1--Other Than Commercial Products and Services Financing

* * * * *
1832.111 Contractor clauses for other than commercial purchases

Subpart 1832.4--Advance Payments for Other Than Commercial Products and 
Commercial Services

* * * * *
[FR Doc. 2023-17720 Filed 9-18-23; 8:45 am]
BILLING CODE 7510-13-P

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