National Aeronautics and Space Administration November 2011 – Federal Register Recent Federal Regulation Documents

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to limit the use of generic substitutes instead of Data Universal Numbering System (DUNS) numbers, and update the policies and procedures associated with reporting in the Federal Procurement Data System (FPDS). Additionally, changes are proposed for the clauses requiring contractor registration in the Central Contractor Registration (CCR) database and DUNS number reporting.

NASA has adopted as final, without change, a proposed rule amending the NASA FAR Supplement (NFS) to require contracting officers to notify prospective contractors if they are found to be nonresponsible.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and NASA policy and procedures (14 CFR part 1216 subpart 1216.3), NASA has made a Finding of No Significant Impact (FONSI) with respect to the proposed launch of NASA Routine Payloads on expendable launch vehicles. The proposed launches would occur from existing launch facilities at Cape Canaveral Air Force Station (CCAFS), Florida, Vandenberg Air Force Base (VAFB), California, the United States Army Kwajalein Atoll/Reagan Test Site (USAKA/RTS) in the Republic of the Marshall Islands (RMI), NASA's Wallops Flight Facility (WFF), Virginia, and the Kodiak Launch Complex (KLC), Alaska. This FONSI summarizes NASA's consideration of environmental impacts for routine payloads being launched at facilities addressed in the draft Environmental Assessment (EA) for NASA Routine Payloads on Expendable Launch Vehicles dated August 2011. The final EA updates the Final Environmental Assessment for Launch of NASA Routine Payloads on Expendable Launch Vehicles from Cape Canaveral Air Force Station Florida and Vandenberg Air Force Base California published in June 2002 (2002 NRP EA). The final EA and FONSI incorporate by reference the 2002 NRP EA. For completeness, much of the June 2002 NRP EA is restated in this final EA. The Cooperating Agencies on this final EA include the Federal Aviation Administration, the Air Force Space and Missile System Center, the US Army Space and Missile Defense Command, and the National Oceanic and Atmosphere Administration.

In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration (NASA) announces that the meeting of the Planetary Science Subcommittee of the NASA Advisory Council originally scheduled for November 2-3, 2011, at NASA Headquarters, has been postponed due to the recent unexpected and tragic loss of Dr. Ronald Greeley, Subcommittee Chair. A notice was published in the Federal Register at 76 FR 64387 on October 18, 2011 announcing the meeting. NASA regrets any inconvenience due to these extraordinary circumstances. The meeting will be rescheduled for a later date, and notice of the new date will be published in the Federal Register.

This notice is issued in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive, copyright-only license world-wide to software and its documentation described in NASA Case Nos. ARC-16157-1A, entitled ``OCA Mirroring Systems (OCAMS),'' ARC-15654-1A, entitled ``Brahms: A Multiagent Simulation/Execution Environment For The Brahms Multiagent Language,'' ARC-16160-1B, entitled ``Mobile Agents Architecture,'' ARC- 16160-1A, entitled ''Individual Mobile Agents System (iMAS) and the Metabolic Rate Adviso,'' and ARC-16766-1, entitled ``Collaborative Infrastructure,'' to Maarten Sierhuis with his principal place of business at 865 Wisconsin Street, San Francisco, CA 94107. The copyright in the software and documentation have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the National Aeronautics and Space Administration is issuing public notice of its proposal to modify its existing system of records entitled ``NASA Freedom of Information Act System.'' System modifications are set forth below under the caption SUPPLEMENTARY INFORMATION.

This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-54, which amend the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2005-54, which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement the Executive Order (E.O.) on Economy in Government Contracting, issued on January 30, 2009, and amended on October 30, 2009. This E.O. treats as unallowable the costs of any activities undertaken to persuade employees, whether employees of the recipient of Federal disbursements or of any other entity, to exercise or not to exercise, or concerning the manner of exercising, the right to organize and bargain collectively through representatives of the employee's own choosing.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to revise the prohibition on contracting with entities that conduct restricted business operations in Sudan. This rule adds specific criteria including foreign policy aspects that an agency must address when applying to the President or his appointed designee for a waiver of the prohibition on awarding a contract to a contractor that conducts restricted business operations in Sudan. The rule also describes the consultation process that will be used by the Office of Federal Procurement Policy (OFPP) in support of the waiver request review.

DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to add a representation to implement section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Section 106 imposes a procurement prohibition relating to contracts with persons that export certain sensitive technology to Iran.

DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to incorporate changes made by the Small Business Administration (SBA) to its small disadvantaged business (SDB) program.

DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Department of Labor (DOL) regulations that implemented the Executive Order (E.O.), Notification of Employee Rights Under Federal Labor Laws.

Pursuant to sections 14(b)(1) and 9(c) of the Federal Advisory Committee Act (Pub. L. 92-463), and after consultation with the Committee Management Secretariat, General Services Administration, the NASA Administrator has determined that renewal and amendment of the charter of the NASA Advisory Council is in the public interest in connection with the performance of duties imposed on NASA by law. The renewed charter is for a two-year period ending October 25, 2013. It is identical to the previous charter in all respects except it removes references that are no longer applicable, and updates the listing of committees to reflect the recent merger of the Exploration Committee and Space Operations Committee to become the Human Exploration and Operations Committee.