80 FR 30352 - Removal of Obsolete Regulations

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range		30352-30353
FR Document		2015-12914

This direct final rule makes non-substantive changes by removing regulations that are captured in NASA internal requirements. The revisions to this rule are part of NASA's retrospective plan completed in August 2011 under Executive Order (E.O.) 13563. NASA's full plan can be accessed on the Agency's open Government Web site at http://www.nasa.gov/open/.

Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)

[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Rules and Regulations]
[Pages 30352-30353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12914]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1216

RIN 2700-AE20
[Docket No. NASA-2015-0002]


Removal of Obsolete Regulations

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes non-substantive changes by 
removing regulations that are captured in NASA internal requirements. 
The revisions to this rule are part of NASA's retrospective plan 
completed in August 2011 under Executive Order (E.O.) 13563. NASA's 
full plan 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 July 27, 2015. Comments 
due on or before June 29, 2015. If adverse comments are received, NASA 
will publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Comments must be identified with RIN 2700-AE20 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.

SUPPLEMENTARY INFORMATION: 

Direct Final Rule Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves non-substantive changes to remove a 
section from 14 CFR part 1216 that is captured in internal NASA 
requirements. 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

[[Page 30353]]

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

    On January 18, 2011, President Obama signed E.O. 13563, Improving 
Regulations and Regulatory Review, directing agencies to develop a plan 
for a retrospective analysis of existing regulations. NASA developed 
its plan and published it on the Agency's open Government Web site at 
http://www.nasa.gov/open/. The Agency conducted an analysis of its 
existing regulations to comply with the Order and determined that 
subpart 1216.2, Floodplain and Wetlands Management, should be repealed.
    Subpart 1216.2 was promulgated January 4, 1979, [44 FR 1089] in 
response to Executive Order (E.O.) 11988, Floodplain Management, and 
E.O. 11990, Protection of Wetlands. Neither E.O. mandates that these 
requirements be codified in the CFR. For example, E.O. 11988 subsection 
2(d) states in pertinent part ``. . . each agency shall issue or amend 
existing regulations and procedures . . .;'' and E.O. 11990 section 6 
states in pertinent part ``. . . agencies shall issue or amend their 
existing procedures . . .'' Therefore, this subpart will be repealed 
because it is now captured in NASA Interim Directive (NID) 8500.100, 
Floodplain and Wetlands Management. NID 8500.100 is accessible at 
http://nodis3.gsfc.nasa.gov/OPD_docs/NID_8500_100_.pdf.

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). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits 
of reducing costs, harmonizing rules, and promoting flexibility. This 
rule has been designated as ``not significant'' under section 3(f) of 
E.O. 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 two subparts from 
Title 14 of the CFR that are already reflected in existing NASA 
internal requirements 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 E.O. 13132

    E.O. 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 E.O. Therefore, no Federalism assessment is 
required.

List of Subjects in 14 CFR Part 1216

    Flood plains.

PART 1216--ENVIRONMENTAL POLICY

0
Accordingly, under the authority of the National Aeronautics and Space 
Act, as amended (51 U.S.C. 20113), NASA amends 14 CFR part 1216 by 
removing and reserving subpart 1216.2, consisting of Sec. Sec.  
1216.200 through 1216.205.

Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2015-12914 Filed 5-27-15; 8:45 am]
 BILLING CODE 7510-13-P

30352 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations

further flight, replace the cracked link with requested using the procedures found in 14 Issued in Renton, Washington, on May 4,
a new link, in accordance with ‘‘PART TWO: CFR 39.19. In accordance with 14 CFR 39.19, 2015.
ROUTINE REPLACEMENT PROCEDURE send your request to your principal inspector Jeffrey E. Duven,
(EXCEPT FOR SERIES 91B7, 91B8 & 91C5)’’ or local Flight Standards District Office, as Manager, Transport Airplane Directorate,
or ‘‘PART THREE: ROUTINE appropriate. If sending information directly Aircraft Certification Service.
REPLACEMENT PROCEDURE (FOR SERIES to the ACO, send it to ATTN: Ian Lucas,
91B7, 91B8 & 91C5)’’ of the Accomplishment [FR Doc. 2015–11392 Filed 5–27–15; 8:45 am]
Aerospace Engineer, Boston ACO, ANE–150,
Instructions of Sicma Aero Seat Service FAA, Engine and Propeller Directorate, 12 BILLING CODE 4910–13–P
Bulletin 90–25–012, Issue 6, dated January New England Executive Park, Burlington,
25, 2012, including Annex 1, Issue 3, dated
MA 01803; phone: 781–238–7757; fax: 781–
January 25, 2012.
238–7170; email: ian.lucas@faa.gov. Before NATIONAL AERONAUTICS AND
(i) Retained Replacement, With No Changes using any approved AMOC, notify your SPACE ADMINISTRATION
This paragraph restates the requirements of appropriate principal inspector, or lacking a
paragraph (i) of AD 2014–20–11, Amendment principal inspector, the manager of the local 14 CFR Part 1216
39–17984 (79 FR 60322, October 7, 2014), flight standards district office/certificate
holding district office. The AMOC approval RIN 2700–AE20
with no changes. At the later of the times
specified in paragraphs (i)(1) and (i)(2) of this letter must specifically reference this AD. [Docket No. NASA–2015–0002]
AD: Replace all seat backrest links, having P/ (2) Contacting the Manufacturer: For any
N 90–000200–104–1, P/N 90–000200–104–2, requirement in this AD to obtain corrective Removal of Obsolete Regulations
P/N 90–000202–104–1, and P/N 90–000202– actions from a manufacturer, the action must
104–2, with new links, in accordance with be accomplished using a method approved AGENCY: National Aeronautics and
‘‘PART TWO: ROUTINE REPLACEMENT by the Manager, Boston ACO, FAA; or the Space Administration.
PROCEDURE (EXCEPT FOR SERIES 91B7, European Aviation Safety Agency (EASA). ACTION: Direct final rule.
91B8 & 91C5)’’ or ‘‘PART THREE: ROUTINE
REPLACEMENT PROCEDURE (FOR SERIES (l) Related Information
SUMMARY: This direct final rule makes
91B7, 91B8 & 91C5)’’ of the Accomplishment (1) Refer to Mandatory Continuing non-substantive changes by removing
Instructions of Sicma Aero Seat Service Airworthiness Information (MCAI) EASA
Bulletin 90–25–012, Issue 6, dated January regulations that are captured in NASA
Airworthiness Directive 2012–0038, dated
25, 2012, including Annex 1, Issue 3, dated internal requirements. The revisions to
March 12, 2012, for related information. You
January 25, 2012. may examine the MCAI on the Internet at
this rule are part of NASA’s
(1) Within 12,000 flight hours on the seat http://www.regulations.gov by searching for retrospective plan completed in August
or 4 years, whichever occurs later after the and locating Docket No. FAA–2015–1282. 2011 under Executive Order (E.O.)
seat manufacturing date or after the backrest 13563. NASA’s full plan can be
(2) Service information identified in this
link replacement. accessed on the Agency’s open
AD that is not incorporated by reference is
(2) Within 3,500 flight hours on the seat
available at the addresses specified in Government Web site at http://
after October 22, 2014 (the effective date AD
2014–20–11, Amendment 39–17984 (79 FR paragraphs (m)(4) and (m)(5) of this AD. www.nasa.gov/open/.
60322, October 7, 2014), but no later than 18 (m) Material Incorporated by Reference DATES: This direct final rule is effective
months after October 22, 2014. on July 27, 2015. Comments due on or
(1) The Director of the Federal Register
(j) Retained Credit for Previous Actions, approved the incorporation by reference before June 29, 2015. If adverse
With No Changes (IBR) of the service information listed in this comments are received, NASA will
This paragraph restates the credit provided paragraph under 5 U.S.C. 552(a) and 1 CFR publish a timely withdrawal of the rule
in paragraph (j) of AD 2014–20–11, part 51. in the Federal Register.
Amendment 39–17984 (79 FR 60322, October (2) You must use this service information ADDRESSES: Comments must be
7, 2014), with no changes. This paragraph as applicable to do the actions required by identified with RIN 2700–AE20 and
provides credit for actions required by this AD, unless this AD specifies otherwise. may be sent to NASA via the Federal E-
paragraphs (g), (h), and (i) of this AD, if those (3) The following service information was Rulemaking Portal: http://
actions were performed before October 22, approved for IBR on October 22, 2014 (79 FR
2014 (the effective date AD 2014–20–11,
www.regulations.gov. Follow the online
60322, October 7, 2014).
Amendment 39–17984 (79 FR 60322, October (i) Sicma Aero Seat Service Bulletin 90–
instructions for submitting comments.
7, 2014), using the service information 25–012, Issue 6, dated January 25, 2012, Please note that NASA will post all
specified in paragraph (j)(1), (j)(2), or (j)(3) of including Annex 1, Issue 3, dated January 25, comments on the Internet with changes,
this AD. 2012. including any personal information
(1) Sicma Aero Seat Service Bulletin 90– (ii) Reserved. provided.
25–012, Issue 3, dated October 3, 2001, (4) For service information identified in
which is not incorporated by reference in this FOR FURTHER INFORMATION CONTACT:
this AD, contact Zodiac Seats France, 7, Rue
AD. Lucien Coupet, 36100 ISSOUDUN, France;
Nanette Jennings, 202–358–0819.
(2) Sicma Aero Seat Service Bulletin 90– telephone +33 (0) 2 54 03 39 39; fax +33 (0) SUPPLEMENTARY INFORMATION:
25–012, Issue 4, dated December 19, 2001, 2 54 03 39 00; email customerservices@
which is not incorporated by reference in this Direct Final Rule Adverse Comments
sicma.zodiac.com; Internet http://
AD. NASA has determined this
www.sicma.zodiacaerospace.com/en/.
(3) Sicma Aero Seat Service Bulletin 90–
25–012, Issue 5, dated March 19, 2004,
(5) You may view this service information rulemaking meets the criteria for a
at the FAA, Transport Airplane Directorate, direct final rule because it involves non-
including Annex 1, Issue 2, dated March 19,
2004, which was incorporated by reference in 1601 Lind Avenue SW., Renton, WA. For substantive changes to remove a section
AD 2011–07–05, Amendment 39–16642 (76 information on the availability of this from 14 CFR part 1216 that is captured
FR 18020, April 1, 2011). material at the FAA, call 425–227–1221. in internal NASA requirements. No
wreier-aviles on DSK5TPTVN1PROD with RULES

(6) You may view this service information
(k) Other FAA AD Provisions opposition to the changes and no
that is incorporated by reference at the
National Archives and Records significant adverse comments are
The following provisions also apply to this
AD: Administration (NARA). For information on expected. However, if the Agency
(1) Alternative Methods of Compliance the availability of this material at NARA, call receives a significant adverse comment,
(AMOCs): The Manager, Boston Aircraft 202–741–6030, or go to: http:// it will withdraw this direct final rule by
Certification Office (ACO), FAA, has the www.archives.gov/federal-register/cfr/ibr- publishing a notice in the Federal
authority to approve AMOCs for this AD, if locations.html. Register. A significant adverse comment

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Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations 30353

is one that explains: (1) Why the direct necessary, to select regulatory and reserving subpart 1216.2, consisting
final rule is inappropriate, including approaches that maximize net benefits of §§ 1216.200 through 1216.205.
challenges to the rule’s underlying (including potential economic, Cheryl E. Parker,
premise or approach; or (2) why the environmental, public health and safety
direct final rule will be ineffective or NASA Federal Register Liaison Officer.
effects, distributive impacts, and
unacceptable without a change. In [FR Doc. 2015–12914 Filed 5–27–15; 8:45 am]
equity). E.O. 13563 emphasizes the
determining whether a comment importance of quantifying both costs BILLING CODE 7510–13–P
necessitates withdrawal of this direct and benefits of reducing costs,
final rule, NASA will consider whether harmonizing rules, and promoting
it warrants a substantive response in a flexibility. This rule has been DEPARTMENT OF HEALTH AND
notice and comment process. designated as ‘‘not significant’’ under HUMAN SERVICES
Background section 3(f) of E.O. 12866. Food and Drug Administration
On January 18, 2011, President Review Under the Regulatory Flexibility
Obama signed E.O. 13563, Improving Act 21 CFR Part 876
Regulations and Regulatory Review,
[Docket No. FDA–2015–N–1297]
directing agencies to develop a plan for The Regulatory Flexibility Act (5
a retrospective analysis of existing U.S.C. 601 et seq.) requires an agency to Medical Devices; Gastroenterology-
regulations. NASA developed its plan prepare an initial regulatory flexibility Urology Devices; Classification of the
and published it on the Agency’s open analysis to be published at the time the Vibrator for Climax Control of
Government Web site at http:// proposed rule is published. This Premature Ejaculation
www.nasa.gov/open/. The Agency requirement does not apply if the
conducted an analysis of its existing agency ‘‘certifies that the rule will not, AGENCY: Food and Drug Administration,
regulations to comply with the Order if promulgated, have a significant HHS.
and determined that subpart 1216.2, economic impact on a substantial ACTION: Final order.
Floodplain and Wetlands Management, number of small entities’’ (5 U.S.C. 603).
should be repealed. SUMMARY: The Food and Drug
This rule removes two subparts from
Subpart 1216.2 was promulgated Administration (FDA) is classifying the
Title 14 of the CFR that are already
January 4, 1979, [44 FR 1089] in vibrator for climax control of premature
reflected in existing NASA internal ejaculation into class II (special
response to Executive Order (E.O.) requirements and, therefore, does not
11988, Floodplain Management, and controls). The special controls that will
have a significant economic impact on apply to the device are identified in this
E.O. 11990, Protection of Wetlands.
a substantial number of small entities. order and will be part of the codified
Neither E.O. mandates that these
requirements be codified in the CFR. Review Under the Paperwork Reduction language for the classification of the
For example, E.O. 11988 subsection 2(d) Act vibrator for climax control of premature
states in pertinent part ‘‘. . . each ejaculation. The Agency is classifying
agency shall issue or amend existing This direct final rule does not contain the device into class II (special controls)
regulations and procedures . . .;’’ and any information collection requirements in order to provide a reasonable
E.O. 11990 section 6 states in pertinent subject to the Paperwork Reduction Act assurance of safety and effectiveness of
part ‘‘. . . agencies shall issue or amend of 1995 (44 U.S.C. 3501 et seq.). the device.
their existing procedures . . .’’ DATES: This order is effective May 28,
Review Under E.O. 13132
Therefore, this subpart will be repealed 2015. The classification was applicable
because it is now captured in NASA E.O. 13132, ‘‘Federalism,’’ 64 FR on March 20, 2015.
Interim Directive (NID) 8500.100, 43255 (August 4, 1999) requires FOR FURTHER INFORMATION CONTACT:
Floodplain and Wetlands Management. regulations be reviewed for Federalism Tuan Nguyen, Center for Devices and
NID 8500.100 is accessible at http:// effects on the institutional interest of Radiological Health, Food and Drug
nodis3.gsfc.nasa.gov/OPD_docs/NID_ states and local governments, and if the Administration, 10903 New Hampshire
8500_100_.pdf. Ave., Bldg. 66, Rm. G118, Silver Spring,
effects are sufficiently substantial,
Statutory Authority preparation of the Federal assessment is MD 20993–0002, 301–796–5174,
required to assist senior policy makers. tuan.nguyen@fda.hhs.gov.
The National Aeronautics and Space
The amendments will not have any SUPPLEMENTARY INFORMATION:
Act (the Space Act), 51 U.S.C. 20113 (a),
authorizes the Administrator of NASA substantial direct effects on state and I. Background
to make, promulgate, issue, rescind, and local governments within the meaning
of the E.O. Therefore, no Federalism In accordance with section 513(f)(1) of
amend rules and regulations governing the Federal Food, Drug, and Cosmetic
the manner of its operations and the assessment is required.
Act (the FD&C Act) (21 U.S.C.
exercise of the powers vested in it by List of Subjects in 14 CFR Part 1216 360c(f)(1)), devices that were not in
law. commercial distribution before May 28,
Regulatory Analysis Flood plains. 1976 (the date of enactment of the
Medical Device Amendments of 1976),
Executive Order 12866, Regulatory PART 1216—ENVIRONMENTAL generally referred to as postamendments
wreier-aviles on DSK5TPTVN1PROD with RULES

Planning and Review and Executive POLICY devices, are classified automatically by
Order 13563, Improvement Regulation statute into class III without any FDA
and Regulation Review ■ Accordingly, under the authority of rulemaking process. These devices
Executive Orders 13563 and 12866 the National Aeronautics and Space Act, remain in class III and require
direct agencies to assess all costs and as amended (51 U.S.C. 20113), NASA premarket approval, unless and until
benefits of available regulatory amends 14 CFR part 1216 by removing the device is classified or reclassified
alternatives and, if regulation is into class I or II, or FDA issues an order

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Document Created: 2018-02-21 10:33:31
Document Modified: 2018-02-21 10:33:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This direct final rule is effective on July 27, 2015. Comments due on or before June 29, 2015. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the Federal Register.
Contact		Nanette Jennings, 202-358-0819.
FR Citation		80 FR 30352
RIN Number		2700-AE20