[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Rules and Regulations]
[Pages 20422-20423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07962]



14 CFR Part 1209

[Docket No. NASA-2013-0001]
RIN 2700-AD82

Boards and Committees

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.


SUMMARY: This direct final rule makes nonsubstantive changes to correct 
and remove citations referenced in NASA's Contract Adjustment Board 
rule. The revision to this rule is part of NASA's retrospective plan 
under Executive Order (EO) 13563 completed in August 2011. NASA's full 
plan and updates can be accessed on the Agency's open Government Web 
site at http://www.nasa.gov/open/.

DATES: This direct final rule is effective on June 4, 2013. Comments 
due on or before May 6, 2013. If adverse comments are received, NASA 
will publish a timely withdrawal of the rule in the Federal Register.

[[Page 20423]]

ADDRESSES: Comments must be identified with RIN 2700-AD82 and may be 
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Please note that NASA will post all comments on the Internet 
with changes, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Nanette Jennings, (202) 358-0819.


Direct Final Rule Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes to correct 
citations. No opposition to the changes and no significant adverse 
comments are expected. However, if the Agency receives a significant 
adverse comment, it will withdraw this direct final rule by publishing 
a notice 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.


    The Board, established on May 15, 1961, is authorized to act for 
and exercise the authority of the Administrator in cases involving 
requests for extraordinary contractual adjustments under the Act of 
August 28, 1958 (50 U.S.C. 1431-35), is continued in effect by this 
regulation. Subpart 3 was promulgated to consider and dispose of 
requests for extraordinary contractual adjustments by contractors of 
NASA. The Board references an obsolete internal NASA policy (NASA 
Management Instruction (NMI) 1152.5) that was cancelled September 30, 
1994, because it was considered to be a duplication of this regulation. 
Therefore, it should no longer be referenced in the regulation.

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, Regulatory Planning and Review and Executive 
Order 13563, Improvement Regulation and Regulation Review

    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). EO 13563 
emphasizes the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
This rule has been designated as ``not significant'' under section 3(f) 
of EO 12866.

Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to prepare an initial regulatory flexibility analysis to be 
published at the time the proposed rule is published. This requirement 
does not apply if the agency ``certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities'' (5 U.S.C. 603). This rule removes an obsolete 
citation referenced in 14 CFR part 3 and, therefore, does not have a 
significant economic impact on a substantial number of small entities.

Review Under the Paperwork Reduction Act

    This direct final rule does not contain any information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Review Under EO 13132, Federalism

    EO 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) requires 
regulations be reviewed for Federalism effects on the institutional 
interest of states and local governments, and if the effects are 
sufficiently substantial, preparation of the Federal assessment is 
required to assist senior policy makers. The amendments will not have 
any substantial direct effects on State and local Governments within 
the meaning of the EO. Therefore, no Federalism assessment is required.

List of Subjects in 14 CFR Part 1209

    Government contracts.
    Accordingly, 14 CFR part 1209, subpart 3 is revised as follows:


1. The authority citation for part 1209 subpart 3 is revised as 

    Authority:  Pub. L. 85-804 and 51 U.S.C. 20113.

Sec.  1209.302  [Amended]

2. In Sec.  1209.302, remove the words ``NASA Management Instruction 
(NMI) 1152.5 and''.

Charles F. Bolden, Jr.,
[FR Doc. 2013-07962 Filed 4-4-13; 8:45 am]