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Federal Register / Vol. 67, No.

218 / Tuesday, November 12, 2002 / Rules and Regulations 68533

thereafter at least once per year by the before authorizing contractors’ use of List of Subjects in 48 CFR Parts 1808
methods specified in § 61.355(h). interagency fleet management system and 1851
(iii) Safety devices, as defined in this (IFMS) vehicles. This final rule also Government procurement.
subpart, may be installed and operated makes editorial changes to conform
as necessary on any container, section numbering as a result of Federal Tom Luedtke,
enclosure, closed-vent system, or Acquisition Circular (FAC) 01–09. Assistant Administrator for Procurement.
control device used to comply with the
EFFECTIVE DATE: November 12, 2002. Accordingly, 48 CFR Parts 1808 and
requirements of paragraph (e)(1) of this
1851 are amended as follows:
section. FOR FURTHER INFORMATION CONTACT:
1. The authority citation for 48 CFR
* * * * * Patrick Flynn, NASA, Office of parts 1808 and 1851 continues to read
6. Section 61.356 is amended by Procurement, Contract Management as follows:
adding paragraph (n) to read as follows: Division (Code HK); (202) 358-0460; e-
mail: patrick.flynn@hq.nasa.gov. Authority: 42 U.S.C. 2473(c)(1)
§ 61.356 Recordkeeping requirements.
SUPPLEMENTARY INFORMATION: PART 1808—REQUIRED SOURCES OF
* * * * *
SUPPLIES AND SERVICES
(n) Each owner or operator using a A. Background
total enclosure to comply with control 2. Section 1808.002 is redesignated as
requirements for tanks in § 61.343 or the Executive Order 13149, ‘‘Greening the section 1808.003.
control requirements for containers in Government through Federal Fleet and
Transportation Efficiency’’ requires, 3. Section 1808.002–70 is
§ 61.345 must keep the records required
inter alia, that each agency operating 20 redesignated as section 1808.003–70.
in paragraphs (n)(1) and (2) of this
section. Owners or operators may use or more motor vehicles within the 4. Section 1808.002–71 is
records as required in 40 CFR United States reduce its entire vehicle redesignated as section 1808.003–71.
264.1089(b)(2)(iv) or 40 CFR fleet’s annual petroleum consumption 5. Section 1808.002–72 is
265.1090(b)(2)(iv) for a tank or as by at least 20 percent by the end of FY redesingated as section 1808.003–72.
required in 40 CFR 264.1089(d)(1) or 40 2005, compared with FY 1999 6. Section 1808.002–75 is
CFR 265.1090(d)(1) for a container to petroleum consumption levels. In order redesignated as section 1808.003–73.
meet the recordkeeping requirement in to achieve this goal, more centralized
paragraph (n)(1) of this section. The management and reporting is required. PART 1851—USE OF GOVERNMENT
owner or operator must make the This change requires concurrence by SOURCES BY CONTRACTORS
records of each verification of a total installation transportation officers prior
enclosure available for inspection upon to contracting officer authorization of 7. Add subpart 1851.2 to read as
request. contractor requests to obtain IFMS follows:
(1) Records of the most recent set of vehicles. This change will assure Subpart 1851.2—Contractor Use of
calculations and measurements transportation management Interagency Fleet Management System
performed to verify that the enclosure participation in the contract (IFMS) Vehicles
meets the criteria of a permanent total authorization process. Additionally, this
enclosure as specified in ‘‘Procedure final rule revises section designations 1851.202 Authorization.
T—Criteria for and Verification of a within part 1808 as a result of changes (a) The contracting officer shall obtain
Permanent or Temporary Total made by FAC 01–09. concurrence from the Transportation
Enclosure’’ in 40 CFR 52.741, appendix Officer before authorizing a cost-
This is not a significant regulatory
B; reimbursement contractor to obtain
action and, therefore, was not subject to
(2) Records required for a closed-vent interagency fleet management system
review under section 6(b) of Executive
system and control device according to (IFMS) vehicles or related services.
the requirements in paragraphs (d) (f), Order 12866, Regulatory Planning and
and (j) of this section. Review, dated September 30, 1993. This [FR Doc. 02–28541 Filed 11–8–02; 8:45 am]
final rule in not a major rule under 5 BILLING CODE 7510–01–P
* * * * * U.S.C. 804.
[FR Doc. 02–28499 Filed 11–8–02; 8:45 am]
B. Regulatory Flexibility Act
BILLING CODE 6560–50–P NATIONAL AERONAUTICS AND
This final rule does not constitute a SPACE ADMINISTRATION
significant revision within the meaning
NATIONAL AERONAUTICS AND of FAR 1.501 and Pub. L. 98–577, and 48 CFR Part 1845
SPACE ADMINISTRATION publication for public comment is not RIN 2700–AC33
required. However, NASA will consider
48 CFR Parts 1808 and 1851 comments from small entities Government Property—Instructions for
RIN 2700–AC33 concerning the affected NFS parts 1808 Preparing NASA Form 1018
and 1851 in accordance with 5 U.S.C. AGENCY: National Aeronautics and
Authorization of Contractor Use of 610. Space Administration.
Interagency Fleet Management System
(IFMS) Vehicles C. Paperwork Reduction Act ACTION: Interim rule.

AGENCY: National Aeronautics and The Paperwork Reduction Act does SUMMARY: This interim rule amends the
Space Administration. not apply because the changes do not NASA Federal Acquisition Regulation
ACTION: Final rule. impose recordkeeping or information Supplement (NFS) to provide policies
collection requirements which require and procedures for proper reporting of
SUMMARY: This final rule revises the the approval of the Office of heritage assets as part of contractor
NASA FAR Supplement (NFS) by Management and Budget under 44 annual reports of NASA property in its
requiring an internal Agency clearance U.S.C. 3501, et seq. custody, and to clarify other property

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68534 Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / Rules and Regulations

classifications. NASA uses the data compelling reasons exist to promulgate both a heritage and government
contained in contractor reports for this interim rule. The basis for this operation function are considered multi-
annual financial statements and determination is that the clarifications use when the predominant use is in
property management. This change will contained in this interim rule are general government operations. Multi-
provide for consistent reporting of needed to ensure consistent reporting of use heritage assets will not be
NASA property by contractors. NASA assets in contractor annual considered heritage assets for NF 1018
DATES: Effective Date: This interim rule reports to be submitted by October 31, supplemental reporting purposes.
is effective November 12, 2002. 2002. Public comments received in
* * * * *
Comment Date: Comments should be response to this interim rule will be
submitted to NASA at the address below considered in the formation of the final (g) Equipment. Includes costs of
on or before January 13, 2003. rule. commercially available personal
property capable of stand-alone use in
FOR FURTHER INFORMATION CONTACT: Lou List of Subjects in 48 CFR Part 1845
Becker, NASA Headquarters, Office of manufacturing supplies, performing
Government procurement. services, or any general or
Procurement, Contract Management
Division (Code HK), Washington, DC Tom Luedtke, administrative purpose (for example,
20546, telephone: (202) 358–4593, e- Assistant Administrator for Procurement. machine tools, furniture, vehicles,
mail to: lbecker@hq.nasa.gov. computers, software, test equipment,
Accordingly, 48 CFR part 1845 is including their accessory or auxiliary
SUPPLEMENTARY INFORMATION: amended to as follows: items). Software integrated into and
A. Background 1. The authority citation for 48 CFR
necessary to operate another item of
part 1845 continues to read as follows:
NASA must account for and report Government property is considered to
Authority: 42 U.S.C. 247(c)(1). be an auxiliary item (see FAR 45.501)
assets in accordance with 31 U.S.C.
3515, Federal Accounting Standards, and should be considered part of the
PART 1845—GOVERNMENT
and Office of Management and Budget PROPERTY item of which it is an integral part.
(OMB) Bulletin No. 01–09, Form and Other software shall be classified as an
Content of Agency Financial 2. Amend section 1845.7101–1 by— individual item of equipment for
Statements. Since contractors maintain a. Revising paragraph (a); reporting purposes if $100,000 or over.
NASA’s official records for NASA- b. Revising the introductory text of Software licenses are excluded.
owned assets in contractors’ possession, paragraph (g); Contractors shall separately report:
NASA must obtain annual data from c. Adding ‘‘(see FAR 45.101)’’ at the * * *
those records in order to facilitate end of the first sentence in paragraph (h) * * * * *
proper accounting and control over the introductory text;
assets. This interim rule provide d. Adding ‘‘(see FAR 45.101)’’ at the (k) Agency-Peculiar Property.
policies and procedures for proper end of the first sentence in the Includes costs of completed items,
reporting of heritage assets by providing introductory text of paragraph (i); unique to NASA aeronautical and space
a definition and directing that these e. In paragraph (j), adding ‘‘regardless programs which are capable of stand
assets be reported within appropriate of whether or not it is unique to NASA alone operation. * * *
property classifications. This interim programs,’’ immediately after * * * * *
rule also clarifies other property ‘‘inventory’’ in the first sentence, and
classifications and provides cross adding ‘‘spares,’’ immediately after 3. Amend section 1845.7101–2 by
references to the FAR to insure proper ‘‘material’’ in the second sentence; deleting the last two sentences in
reporting of these assets. f. Revising the first sentence in the paragraph (a) and adding the following
introductory text of paragraph (k). The sentence at the end of paragraph (a) to
B. Regulatory Flexibility Act read as follows:
revised text reads as follows:
NASA certifies that this interim rule
will not have a significant economic 1845.7101–1 Property classification. 1845.7101–2 Transfers of property.
impact on a substantial number of small (a) General. (1) Contractors shall * * * * *
businesses within the meaning of the report costs in the classifications on NF (a) * * * Shipping and receiving
Regulatory Flexibility Act (5 U.S.C. 601 1018, as described in this section. The contractors shall promptly submit
et seq.) because it clarifies existing cost of heritage assets will be reported copies of shipping and receiving
property reporting policies and on the NF 1018 under the appropriate
documents to the Center Deputy Chief
procedures contractors must follow classification. Supplemental reporting
Financial Officer, Finance, responsible
when accounting for and reporting may also be required. Heritage assets are
property, plant and equipment that for their respective contracts when
assets.
possess one or more of the following accountability for NASA property is
C. Paperwork Reduction Act characteristics: transferred to, or received from, other
The Paperwork Reduction Act does (i) Historical or natural significance; contracts, contractors, NASA Centers, or
not apply because the changes to the (ii) Cultural, educational or aesthetic Government agencies.
NFS do not impose new recordkeeping value; or * * * * *
or information collection requirements (iii) Significant architectural
which require the approval of the Office characteristics. 1845.7101–3 [Amended]
of Management and Budget under 44 (2) Examples of NASA heritage assets
4. Amend section 1845.7101–3, in the
U.S.C. 3501, et seq. include buildings and structures
first sentence of paragraph (b) by
designated as National Historic
D. Determination To Issue an Interim Landmarks as well as aircraft, spacecraft removing ‘‘Special Test Equipment,
Rule and related components on display to Special Tooling, Agency Peculiar
In accordance with 41 U.S.C. 418(d), enhance public understanding of NASA Property and Contract Work in Process’’
NASA has determined that urgent and programs. Heritage assets which serve and adding ‘‘property’’ in its place.

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Federal Register / Vol. 67, No. 218 / Tuesday, November 12, 2002 / Rules and Regulations 68535

1845.7101–4 [Amended]
5. Amend section 1845.7101–4, in
paragraph (g) by adding ‘‘, or trade-ins’’
at the end of the sentence.
[FR Doc. 02–28084 Filed 11–8–02; 8:45 am]
BILLING CODE 7510–13–P

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