[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Rules and Regulations]
[Pages 77352-77353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30510]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1204
[Docket No.: NASA-2013-0005]
RIN 2700-AD97
Small Business Policy
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
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SUMMARY: This direct final rule makes administrative changes to correct
organizational information and citations that have changed in a
regulation that establishes NASA's small business policy and outlines
the delegation of authority to implement this policy, as required by
Federal law. The regulation is also being amended to include a
reference to NASA's general policy for small business programs and NASA
small business subcontracting plan and reporting information. The
revisions to this rule are part of NASA's retrospective plan under EO
13563 completed in August 2011. NASA's full plan can be accessed at:
http://www.nasa.gov/open/.
DATES: This direct final rule is effective on February 21, 2014.
Comments due on or before January 22, 2014. If adverse comment is
received, NASA will publish a timely withdrawal of the rule in the
Federal Register.
ADDRESSES: Comments must be identified with RIN 2700-AD97 and may be
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitted
comments. Please note that NASA will post all comments on the Internet
with changes, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Richard Mann, (202) 358-2438.
SUPPLEMENTARY INFORMATION:
Direct Final Rule and Significant Adverse Comments
NASA has determined this rulemaking meets the criteria for a direct
final rule because it involves non-substantive changes dealing with
NASA's small business policy. NASA expects no opposition to the changes
and no significant adverse comments. However, if NASA receives a
significant adverse comment, the Agency will withdraw this direct final
rule by publishing a document in the Federal Register. A significant
adverse comment is one that explains:
(1) Why the direct final rule is inappropriate, including
challenges to the rule's underlying premise or approach; or
(2) Why the direct final rule will be ineffective or unacceptable
without a change. In determining whether a comment necessitates
withdrawal of this direct final rule, NASA will consider whether it
warrants a substantive response in a notice and comment process.
Background
NASA's small business policy, published August 17, 1993 [58 FR
43554], was established to enable small businesses, historically black
colleges and universities, and other minority educational institutions
the opportunity to participate equitably and proportionately in its
total purchases and contracts that are consistent with NASA's needs to
execute it missions. While this regulation describes NASA's small
business policy and outlines the delegation of authority to implement
this policy as required by Federal law, NASA's general policy for small
business programs is described in 48 CFR part 1819, Small Business
Programs [62 FR 36707, July 9, 1997, as amended at 64 FR 25215, May 11,
1999; 65 FR 38777, June 22, 2000; 65 FR 58932, Oct. 3, 2000; 67 FR
53947, Oct. 23, 2001; 69 FR 21765, Apr. 22, 2004], and its small
business subcontracting plan and reporting is described in 48 CFR part
1852, Solicitation Provisions and Contract Clauses [62 FR 36733, July
9, 1997; 62 FR 40309, July 28, 1997, as amended at 64 FR 25215, May 11,
1999].
Statutory Authority
The National Aeronautics and Space Act (the Space Act), 51 U.S.C.
20113 (a), authorizes the Administrator of NASA to make, promulgate,
issue, rescind, and amend rules and regulations governing the manner of
its operations and the exercise of the powers vested in it by law.
Regulatory Analysis
Executive Order 12866 and Executive Order 13563
Executive Orders 13563 and 12866 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). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This final rule has
[[Page 77353]]
been designated a ``significant regulatory action,'' although not
economically significant, under section 3(f) of Executive Order 12866.
Accordingly, this rule has been reviewed by the Office of Management
and Budget.
Regulatory Flexibility Act
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601), because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Paperwork Reduction Act Statement
This rule does not contain an information collection requirement
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
List of Subjects in 14 CFR Part 1204
Colleges and universities, Small business.
Accordingly, 14 CFR part 1204 is amended as follows:
PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY
Subpart 4--Small Business Policy
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1. The authority citation for subpart 4 to part 1204 continues to read
as follows:
Authority: 42 U.S.C. 2473(c)(5); 42 U.S.C. 2473b; Public Law
101-507, the VA/HUD/Indep. Agencies Appropriation Act for FY 1991,
at 104 Stat. 1380 (Nov. 5, 1990); and 15 U.S.C. 631-650.
0
2. Section 1204.401 is amended as follows:
0
a. Paragraph (a) is revised.
0
b. In paragraph (b), add the parenthesized acronym ``(R&D)'' after the
word ``development'' in its first occurence, remove the phrase
``research and development'' in the second occurrence and add in its
place the acronym ``R&D,'' and remove the phrase ``and small
disadvantaged'' in the last sentence.
The revision reads as follows:
Sec. 1204.401 Policy.
(a) It is NASA's policy to enable small businesses (including small
disadvantaged businesses, small women-owned businesses, HUBZone small
businesses, veteran-owned small businesses and service disabled
veteran-owned small businesses), historically black colleges and
universities, and other minority educational institutions the
opportunity to participate equitably and proportionately in its total
purchases and contracts that are consistent with the Agency's needs to
execute its mission.
* * * * *
0
3. Section 1204.402 is revised to read as follows:
Sec. 1204.402 Responsibilities.
(a) Office of Small Business Programs (OSBP). The Associate
Administrator for Small Business Programs, NASA Headquarters, is
responsible for the activities described in NASA Policy Directive
1000.3, The NASA Organization. The Associate Administrator is also
responsible for representing NASA before other Government agencies on
matters primarily affecting small businesses.
(b) NASA Headquarters and NASA Centers. Center Directors (including
the Executive Director for the NASA Shared Services Center and the
Director for the NASA Management Office, but excluding the Director for
the Jet Propulsion Laboratory) along with the Associate Administrator
for the Office of Small Business Programs shall nominate a qualified
individual in their contracting office as a small business specialist
to provide a central point of contact to which small business concerns
may direct inquiries concerning small business matters and
participation in NASA acquisitions. When a Center Director determines
that the volume of acquisitions or the functions relating to
acquisitions at the Center do not warrant a full-time small business
specialist, these duties may be assigned to procurement personnel on a
part-time basis, with the concurrence of the Associate Administrator
for the Office of Small Business Programs. NASA Centers shall establish
and maintain liaison with the Small Business Administration (SBA)
Procurement Center Representative (PCR) or the appropriate SBA Regional
Office in matters relating to NASA Center procurement activities. Small
Business Specialists shall perform the duties delineated in NASA FAR
Supplement 1819.201(e)(ii). The Associate Administrator for Small
Business Programs shall assign a Small Business Technical Advisor to
each contracting activity within the Agency to which the SBA has
assigned a PCR, pursuant to FAR 19.201(d)(8).
0
4. Section 1204.403 is revised to read as follows:
Sec. 1204.403 General policy.
NASA's general policy for small business programs is described in
48 CFR part 1819, Small Business Programs; 48 CFR part 1852,
Solicitation Provisions and Contract; and NASA Policy Directive
5000.2C, Small Business Subcontracting Goals (http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=5000&s=2).
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2013-30510 Filed 12-20-13; 8:45 am]
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