29040 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

comments. However, if the Agency 

receives significant adverse comment, it 

will withdraw this final rule by 

publishing a document in the Federal 

Register. A significant adverse comment 

is one that explains: (1) Why the final 

rule is inappropriate, including 

challenges to the rule’s underlying 

premise or approach; or (2) why the 

final rule will be ineffective or 

unacceptable without change. In 

determining whether a comment 

necessitates withdrawal of this final 

rule, NASA will consider whether it 

warrants a substantive response in a 

notice and comment process. 

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 (FAR). 

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 from, 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 it makes nonsubstantive 

changes to Agency regulations. The rule 

merely removes from the NFS policy 

and an associated clause that are 

outdated. 

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. 

IV. Executive Order 13371 

This rule is not subject to Executive 

Order (E.O.) 13771, Reducing 

Regulation and Controlling Regulatory 

Costs, because this rule is not a 

significant regulatory action under E.O. 

12866. 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

NFS revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 and 

therefore does not require publication 

for public comment. 

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 1827 

and 1852 

Government procurement. 

Geoffrey Sage, 

NASA FAR Supplement Manager. 

Accordingly, 48 CFR parts 1827 and 

1852 are amended as follows: 

■ 1. The authority citation for parts 

1827 and 1852 continues to read as 

follows: 

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

chapter 1. 

PART 1827—PATENTS, DATA, AND 

COPYRIGHTS 

1827.409 [Amended] 

■ 2. Remove and reserve 1827.409(i). 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1852.227–17 [Removed and Reserved] 

■ 3. Remove and reserve 1852.227–17. 

[FR Doc. 2018–13464 Filed 6–21–18; 8:45 am] 

BILLING CODE 7510–13–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1843 and 1852 

RIN 2700–AE44 

NASA Federal Acquisition Regulation 

Supplement: Removal of Reference to 

the Shared Savings Policy and 

Associated Clause (NFS Case 2018– 

N008) 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Direct final rule. 

SUMMARY: NASA is issuing a final rule 

to amend the NASA Federal Acquisition 

Regulation (FAR) Supplement (NFS) to 

remove reference to the Shared Savings 

policy and associated clause. 

DATES: This final rule is effective August 

21, 2018. Comments due on or before 

July 23, 2018. If adverse comments are 

received, NASA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit comments 

identified by NFS Case 2018–N008, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘NFS Case 2018–N008’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with ‘‘NFS Case 2018– 

N008’’. Follow the instructions 

provided on the screen. Please include 

your name, company name (if any), and 

‘‘NFS Case 2018–N008’’ on any 

uploaded files.’’ 

Æ Email: marilyn.seppi-1@nasa.gov. 

Include ‘‘NFS Case 2018–N008’’ in the 

subject line of the message. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn J. Seppi, NASA Headquarters, 

Office of Procurement, Contract and 

Grant Policy Division, Suite 5H35, 300 

E. Street SW, Washington, DC 20456– 

0001. Telephone 202–358–0447. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NFS subpart 1843.71, Shared Savings, 

and associated clause 1852.243–71, 

Shared Savings, were added to the NFS 

in 1997. The intent of the clause was to 

provide an incentive for contractors to 

identify and implement significant cost 

reduction programs. In return, they 

would be eligible for a share of the 

realized savings which resulted from 

those cost-cutting projects once they 

were approved by the contracting 

officer. Pursuant to Executive Order 

13563, Improving Regulation and 

Regulatory Review, and Executive Order 

13777, Enforcing the Regulatory Reform 

Agenda, NASA is continually reviewing 

existing regulations with the objective of 

reducing or removing any unnecessary, 

outdated and burdensome requirements 

that have outlived their intended 

purpose, NFS 1843.71, Shared Savings, 

and associated clause 1852.243–71, 

Shared Savings were reviewed and 

recommended for removal from the NFS 

since they are duplicative of the FAR 

part 48, Value Engineering Change 

Proposal (VECP) program and associated 

clauses implemented under OMB 

Circular A–131, Value Engineering. The 

FAR VECP clauses provide the same 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29041 

incentive to contactors as the NFS 

Shared Savings clause. 

NASA does not anticipate opposition 

to the changes or significant adverse 

comments. However, if the Agency 

receives significant adverse comment, it 

will withdraw this final rule by 

publishing a document in the Federal 

Register. A significant adverse comment 

is one that explains: (1) Why the final 

rule is inappropriate, including 

challenges to the rule’s underlying 

premise or approach; or (2) why the 

final rule will be ineffective or 

unacceptable without change. In 

determining whether a comment 

necessitates withdrawal of this final 

rule, NASA will consider whether it 

warrants a substantive response in a 

notice and comment process. 

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 (FAR). 

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 it makes nonsubstantive 

changes to Agency regulations that has 

minimal impact on contractors or 

offerors as there are value engineering 

proposal clauses prescribed in FAR part 

48 that may be utilized in lieu of the 

NFS clause. The rule merely removes 

from the NFS policy and an associated 

clause that is outdated and redundant to 

policy that is already provided for in the 

FAR. 

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. 

IV. Executive Order 13371 

This rule is not subject to Executive 

Order (E.O.) 13771, Reducing 

Regulation and Controlling Regulatory 

Costs, because this rule is not a 

significant regulatory action under E.O. 

12866. 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

NFS revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 and 

therefore does not require publication 

for public comment. 

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 1843 

and 1852 

Government procurement. 

Geoffrey Sage, 

NASA FAR Supplement Manager. 

Accordingly, 48 CFR parts 1843 and 

1852 are amended as follows: 

■ 1. The authority citation for parts 

1843 and 1852 continues to read as 

follows: 

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

chapter 1. 

PART 1843—CONTRACT 

MODIFICATIONS 

Subpart 1843.71 [Removed] 

■ 2. Remove subpart 1843.71, consisting 

of sections 1843.7101 and 1843.7102. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1852.243–71 [Removed and Reserved] 

■ 3. Remove and reserve 1852.243–71. 

[FR Doc. 2018–13463 Filed 6–21–18; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170627600–8521–02] 

RIN 0648–BG99 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Mutton 

Snapper and Gag Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement management measures 

described in a framework action to the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP), as prepared by the Gulf of 

Mexico (Gulf) Fishery Management 

Council (Council). This final rule 

revises the mutton snapper commercial 

and recreational minimum size limits, 

the recreational bag limit, and the stock 

annual catch limit (ACL). In addition, 

this final rule revises the gag 

commercial minimum size limit. The 

purposes of this final rule are to reduce 

harvest of mutton snapper to prevent 

overfishing while also achieving 

optimum yield (OY), and streamline 

management measures to help increase 

compliance with the fishing regulations 

for mutton snapper and gag in the 

exclusive economic zone (EEZ) of the 

Gulf off Florida. 

DATES: This final rule is effective July 

23, 2018. 

ADDRESSES: Electronic copies of the 

framework action, which includes an 

environmental assessment, a regulatory 

impact review, and a Regulatory 

Flexibility Act (RFA) analysis may be 

obtained from the Southeast Regional 

Office website at http://

sero.nmfs.noaa.gov/sustainable_

fisheries/gulf_fisheries/reef_fish/2017/ 

mutton_gag/mutton_gag_index.html. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, NMFS SERO, telephone: 

727–824–5305, email: 

Rich.Malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery includes mutton 

snapper and gag and is managed under 

the FMP. The FMP was prepared by the 

Council and is implemented by NMFS 

through regulations at 50 CFR part 622 

under the authority of the MagnusonVerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1

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