67720 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Proposed Rules 

§ 263.2 What kinds of State expenditures 

count toward meeting a State’s basic MOE 

expenditure requirement? 

* * * * * 

(e) Expenditures for benefits or 

services listed under paragraph (a) of 

this section are limited to allowable 

costs borne by State or local 

governments only and may not include 

cash donations from non-governmental 

third parties (e.g., a non-profit 

organization) and may not include the 

value of third-party in-kind 

contributions from non-governmental 

third parties. 

* * * * * 

■ 11. Amend § 263.11 by adding 

paragraph (c) to read as follows: 

§ 263.11 What uses of Federal TANF funds 

are improper? 

* * * * * 

(c) If an expenditure is identified that 

does not appear to HHS to be reasonably 

calculated to accomplish a purpose of 

TANF (as specified at § 260.20 of this 

chapter), the State must show that it 

used these funds for a purpose or 

purposes that a reasonable person 

would consider to be within one or 

more of the four purposes of the TANF 

program (as specified at § 260.20 of this 

chapter). 

[FR Doc. 2023–21169 Filed 9–29–23; 4:15 pm] 

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NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1831 and 1852 

[Notice: (23–099)] 

RIN 2700–AE72 

NASA Federal Acquisition Regulation 

Supplement (NFS): Removal of Total 

Compensation Plan Language (NFS 

Case 2023–N002) 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: NASA is proposing to amend 

the NASA Federal Acquisition 

Regulation Supplement (NFS) as well as 

corresponding sections of the CFR at 48 

CFR part 1831 and 1852 to remove NFS 

1831.205–671, Solicitation provision, 

and NFS Clause 1852.231–71, 

Determination of Compensation 

Reasonableness. 

DATES: Comments are due December 1, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Edgar Lee, NASA HQs, Office of 

Procurement Management and Policy 

Division, LP–011, 300 E. Street SW, 

Washington, DC 20456–001. Telephone 

202–420–1384; facsimile 202–358–3082. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NASA is proposing to amend the NFS 

by removing NFS 1831.205–671, 

Solicitation provision, and NFS 

1852.231–71, Determination of 

Compensation Reasonableness, from the 

NFS. NASA has determined that these 

provisions are unnecessary as the as 

they exceed the scope requirements 

adequately covered in FAR provision 

52.222–46, Evaluation of Compensation 

for Professional Employees. Currently, 

NFS requires an evaluation for all labor 

categories and periodic review of total 

compensation plans after contract award 

for cost reimbursement contracts (at 

least every 3 years) to evaluate the 

reasonableness of compensation for all 

proposed labor categories in service 

contracts. 

NASA has made a determination to 

rely on FAR provision 52.222–46, 

agencywide templates, and instructions, 

to ensure consistency in the data 

provided to NASA and subsequent 

evaluations as well as ensuring NASA 

continues to pay fair and reasonable 

wages. 

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 by OMB under E.O. 

12866, Regulatory Planning and Review. 

This rule is not a major rule under 5 

U.S.C. 804. 

IV. Regulatory Flexibility Act 

NASA does not expect this rule, when 

enacted, to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because the rule is removing the 

NFS unique requirements for 

submission of total compensation plan. 

Therefore, an Initial Regulatory 

Flexibility Analysis has not been 

performed. NASA invites comments 

from small business concerns and other 

interested parties on the expected 

impact of this rulemaking on small 

entities. 

NASA will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by the rulemaking consistent with 5 

U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 610 and NFS Case 

2023–N002 in correspondence. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does apply. The 

changes proposed in this rulemaking 

will make an existing information 

collection currently approved under 

Office of Management and Budget 

(OMB) control number 2700–0077, 

Contractor and Subcontractor 

Compensation Plans, unnecessary. 

Subject to public comment to the 

contrary as part of this proposed rule, 

NASA plans to discontinue this 

collection with the publication of the 

final rule. 

List of Subjects 

48 CFR Part 1831 

Accounting, Government 

procurement. 

48 CFR Part 1852 

Accounting, Government 

procurement, Reporting and 

recordkeeping requirements. 

Erica Jones, 

NASA FAR Supplement Manager. 

For the reasons stated in the 

preamble, NASA proposes to amend 48 

CFR parts 1831 and 1852 as follows: 

PART 1831—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

■ 1. The authority citation for part 1831 

continues to read as follows: 

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

chapter 1. 

§ 1831.205–671 [Removed and Reserved] 

■ 2. Remove and reserve § 1831.205– 

671. 

PART 1852—SOLICITATION 

PROCEDURES AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 1852 

continues to read as follows: 

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

chapter 1. 

§ 1852.231–71 [Removed and Reserved] 

■ 4. Remove and reserve § 1852.231–71. 

[FR Doc. 2023–21313 Filed 9–29–23; 8:45 am] 

BILLING CODE 7510–13–P 


lotter on DSK11XQN23PROD with PROPOSALS1