80 FR 70151 - NASA Protective Services Enforcement

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 219 (November 13, 2015)

Page Range		70151-70153
FR Document		2015-28813

This direct final rule makes nonsubstantive changes to NASA's traffic enforcement regulations to correct citations and to clarify the regulation's scope, policy, responsibilities, procedures, and violation descriptions. The revisions to this rule are part of NASA's retrospective plan under E.O. 13563 completed in August 2011.

Federal Register, Volume 80 Issue 219 (Friday, November 13, 2015)

[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Rules and Regulations]
[Pages 70151-70153]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-28813]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

[Docket Number--NASA-2015-0009]
RIN 2700-AE24

NASA Protective Services Enforcement

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes nonsubstantive changes to NASA's
traffic enforcement regulations to correct citations and to clarify the
regulation's scope, policy, responsibilities, procedures, and violation
descriptions. The revisions to this rule are part of NASA's
retrospective plan under E.O. 13563 completed in August 2011.

DATES: This rule is effective January 12, 2016 without further action,
unless adverse comments are received by December 14, 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-AE24 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: Charles Lombard, 202-358-0891,
charles.e.lombard.nasa.gov.

SUPPLEMENTARY INFORMATION:

I. Direct Final Rule and Significant Adverse Comments

NASA has determined this rulemaking meets the criteria for a direct
final rule because it makes nonsubstantive changes to correct citations
and clarifies the scope, policy, responsibilities, procedures, and
violations described in NASA's traffic enforcement regulations. No
opposition to these changes and no significant adverse comments are
expected. However, if NASA receives significant adverse comments, 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.

II. Background

NASA published a final rule in the Federal Register at 79 FR 54902
on September 15, 2014, to add subpart 11, Enforcing Traffic Laws at
NASA Centers and Component Facilities, that establishes traffic
enforcement regulations, authorities, and procedures at all NASA
Centers and component facilities. NASA is amending these regulations to
make nonsubstantive changes to correct citations and to clarify the
scope, policy, responsibilities, procedures, and violations described
in these regulations. Amendments to this rule aligns Part 1204 with
NASA objectives in the protection of its people and property. The
revisions to this rule are part of NASA's retrospective plan under E.O.
13563 completed in August 2011. NASA's full plan can be accessed on the
Agency's open Government Web site at http://www.nasa.gov/feature/compliance-and-other-documents.

III. Regulatory Analysis Section

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. This rule would not
have a significant economic impact on a substantial number of small
entities because this rule only pertains to NASA employees.

Executive Order 12866 and Executive Order 13563

Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if the
regulation is necessary, to select the regulatory approach that
maximizes net benefits. This rule is not a significant regulatory
action under section 3(f) of Executive Order 12866, Regulatory Planning
and Review, because this rule relates solely to the internal operations
of NASA. Therefore, the Office of Management and Budget did not review
this rule.

Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
to this

[[Page 70152]]

rule because it does not contain any information collection requirement
that requires approval of the Office of Management and Budget.

Small Business Regulatory Enforcement Fairness Act

This rule relates to agency management or personnel, and therefore
the Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.) does not cover the rule.

Executive Order 13132, Federalism

This rule will not have substantial direct effects on the states,
on the relationship between the national Government and the states, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, Federalism, NASA has determined that the rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.

Unfunded Mandates Reform Act

For the purposes of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. chapter 25, subchapter II), this rule would not significantly or
uniquely affect small governments and would not result in increased
expenditures by state, local, and tribal governments, or by the private
sector, of $100 million or more (as adjusted for inflation) in any one
year.

List of Subjects in 14 CFR Part 1204

Federal buildings and facilities, Security measures.

Accordingly, under the authority of the National Aeronautics and
Space Act, as amended, (51 U.S.C. 20113), 5 U.S.C. 301, and 18 U.S.C.
799, NASA amends 14 CFR part 1204 as follows:

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

Subpart 11--Enforcing Traffic Laws at NASA Centers and Component
Facilities

0
1. The authority for subpart 11 is revised to read as follows:

Authority: The National and Commercial Space Program, 51 U.S.C.
20132 and 20133; 5 U.S.C. 301, and 18 U.S.C. 799.

0
2. Revise Sec. 1204.1100 to read as follows:

Sec. 1204.1100 Scope of subpart.

This subpart establishes policies pursuant to the requirements of
National and Commercial Space Programs (51 U.S.C.) authorizing the NASA
Administrator to establish such security requirements, restrictions,
and safeguards as he deems necessary in the interest of national
security, under 5 U.S.C. 301, and 18 U.S.C. 799, providing for the
imposition of fines and imprisonment for violating NASA regulations for
the protection and security of NASA assets or assets that are in NASA's
custody. The provisions of this subpart apply to all NASA
installations, including NASA Headquarters, NASA Centers, and component
facilities. NASA installations refers to all NASA-owned, controlled, or
leased property, with exclusive or concurrent Federal jurisdiction,
including non-contiguous or unfenced areas and including areas
otherwise open to the public at large. These provisions are also
applicable to all persons who are in or on a NASA installation over
which the United States exercises exclusive or concurrent legislative
jurisdiction.

0
3. Revise Sec. 1204.1101 to read as follows:

Sec. 1204.1101 Policy.

(a) It is NASA policy that an effective, standardized, and
comprehensive traffic safety program be established and maintained at
all NASA Centers, and component facilities, as prescribed in NASA
Procedural Requirement (NPR) 8715.C, NASA General Safety Program
Requirements. A traffic safety program is essential for the protection
and security of NASA laboratories, stations, bases, or other facilities
of NASA's aircraft, missiles, spacecraft, or similar vehicles or part
thereof and of NASA's real and personal property, including property in
the custody of NASA contractors and subcontractors.
(b) To ensure a safe and secure workplace and to provide better for
preservation of life and property, all persons on or in a NASA
installation or component facility shall comply with the vehicular and
pedestrian traffic requirements of the installation per this Subpart.
(c) Vehicular and pedestrian traffic. The following requirements
apply to the drivers or all vehicles on or in NASA-owned, controlled,
or leased property:
(1) A driver shall be in possession of a current and valid state-
or territory-issued driver's license and vehicle registration, and the
vehicle shall display all current and valid tags and licenses required
by the jurisdiction in which it is registered.
(2) A driver who has had his or her privilege or license to drive
suspended or revoked by any state or territory shall not drive any
vehicle in or on such property during such period of suspension or
revocation.
(3) Drivers shall drive in a careful and safe manner at all times
and shall comply with the signals and directions of security personnel
and other authorized individuals; all posted traffic signs, including
speed limits; and all rules implemented under section 1204.1102.
(4) Drivers shall not block entrances, driveways, walks, loading
platforms, or fire hydrants.
(5) Drivers shall not park without authority, park in unauthorized
locations or in locations reserved for other persons, park continuously
in excess of 18 hours without permission, or park in any manner
contrary to the direction of posted signs.
(d) A copy of this subpart shall be posted in an appropriate place
at each NASA Center or component facility.

0
4. In Sec. 1204.1102, revise paragraph (a) to read as follows:

Sec. 1204.1102 Responsibilities.

(a) Consistent with this subpart and applicable statutes, Center
Directors of NASA installations and the Executive Director for
Headquarters Operations, over which the United States has exclusive or
concurrent legislative jurisdiction, are delegated the authority to
establish specific vehicular and pedestrian traffic rules and
regulations for their installations; to specify maximum punishments for
violating such rules and regulations; and to issue citations, including
District Court Violation Notices to persons who violate such rules and
regulations.
* * * * *

0
5. Revise Sec. 1204.1103 to read as follows:

Sec. 1204.1103 Procedures.

The Center Directors and the Executive Director for Headquarters
Operations shall issue local policies and procedural requirements,
which will implement this regulation for their respective NASA Centers
and component facilities.

0
6. Revise Sec. 1204.1104 to read as follows:

Sec. 1204.1104 Violations.

As authorized by and consistent with 18 U.S.C. 799, local policies
and procedural requirements issued under section 1204.1103 may provide
for punishments for offenses, which shall be classified in accordance
with 18 U.S.C. 3559(a)(6)-(9). A person found in violation, in or on a
NASA installation, of any vehicular or pedestrian traffic law, or local
installation vehicular or

[[Page 70153]]

pedestrian traffic rule or regulation made applicable to the
installation under the provisions of this subpart, is subject to
punishment as provided for by the applicable local policies and
procedural requirements that a Center Director or the Executive
Director for Headquarters Operations has issued under section 1204.1102
and in accordance with section 1204.1103.

Nanette Jennings,
NASA Federal Register Liaison Officer.
[FR Doc. 2015-28813 Filed 11-12-15; 8:45 am]
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Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Rules and Regulations 70151

certified that this rule, when NATIONAL AERONAUTICS AND rule will be ineffective or unacceptable
promulgated, does not have a significant SPACE ADMINISTRATION without a change. In determining
economic impact on a substantial whether a comment necessitates
number of small entities under the 14 CFR Part 1204 withdrawal of this direct final rule,
criteria of the Regulatory Flexibility Act. [Docket Number—NASA–2015–0009] NASA will consider whether it warrants
a substantive response in a notice and
Environmental Review RIN 2700–AE24 comment process.
The FAA has determined that this NASA Protective Services II. Background
action qualifies for categorical exclusion Enforcement NASA published a final rule in the
under the National Environmental
AGENCY: National Aeronautics and Federal Register at 79 FR 54902 on
Policy Act in accordance with FAA
September 15, 2014, to add subpart 11,
Order 1050.1F, ‘‘Environmental Space Administration (NASA).
Enforcing Traffic Laws at NASA Centers
Impacts: Policies and Procedures,’’ ACTION: Direct final rule. and Component Facilities, that
paragraph 311a. This airspace action is establishes traffic enforcement
not expected to cause any potentially SUMMARY: This direct final rule makes
nonsubstantive changes to NASA’s regulations, authorities, and procedures
significant environmental impacts, and at all NASA Centers and component
no extraordinary circumstances exist traffic enforcement regulations to
correct citations and to clarify the facilities. NASA is amending these
that warrant preparation of an regulations to make nonsubstantive
environmental assessment. regulation’s scope, policy,
changes to correct citations and to
responsibilities, procedures, and
Lists of Subjects in 14 CFR Part 71 clarify the scope, policy,
violation descriptions. The revisions to
responsibilities, procedures, and
Airspace, Incorporation by reference, this rule are part of NASA’s
violations described in these
Navigation (Air). retrospective plan under E.O. 13563
regulations. Amendments to this rule
completed in August 2011.
aligns Part 1204 with NASA objectives
Adoption of the Amendment DATES: This rule is effective January 12, in the protection of its people and
2016 without further action, unless property. The revisions to this rule are
In consideration of the foregoing, the
adverse comments are received by part of NASA’s retrospective plan under
Federal Aviation Administration
December 14, 2015. If adverse E.O. 13563 completed in August 2011.
amends 14 CFR part 71 as follows:
comments are received, NASA will NASA’s full plan can be accessed on the
PART 71—DESIGNATION OF CLASS A, publish a timely withdrawal of the rule Agency’s open Government Web site at
B, C, D, AND E AIRSPACE AREAS; AIR in the Federal Register. http://www.nasa.gov/feature/
TRAFFIC SERVICE ROUTES; AND ADDRESSES: Comments must be compliance-and-other-documents.
REPORTING POINTS identified with RIN 2700–AE24 and
III. Regulatory Analysis Section
may be sent to NASA via the Federal E-
■ 1. The authority citation for part 71 Rulemaking Portal: http:// Regulatory Flexibility Act
continues to read as follows: www.regulations.gov. Follow the online The Regulatory Flexibility Act (5
instructions for submitting comments. U.S.C. 601 et seq.) generally requires an
Authority: 49 U.S.C. 106(f), 106(g); 40103,
Please note that NASA will post all agency to conduct a regulatory
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
comments on the Internet with changes, flexibility analysis of any rule subject to
1959–1963 Comp., p. 389.
including any personal information notice and comment rulemaking
§ 71.1 [Amended] provided. requirements, unless the agency certifies
FOR FURTHER INFORMATION CONTACT: that the rule will not have a significant
■ 2. The incorporation by reference in Charles Lombard, 202–358–0891, economic impact on a substantial
14 CFR 71.1 of FAA Order 7400.9Z, charles.e.lombard.nasa.gov. number of small entities. This rule
Airspace Designations and Reporting would not have a significant economic
Points, dated August 6, 2015, effective SUPPLEMENTARY INFORMATION:
impact on a substantial number of small
September 15, 2015, is amended as I. Direct Final Rule and Significant entities because this rule only pertains
follows: Adverse Comments to NASA employees.
Paragraph 6005 Class E Airspace Areas NASA has determined this Executive Order 12866 and Executive
Extending Upward From 700 Feet or More rulemaking meets the criteria for a Order 13563
Above the Surface of the Earth.
direct final rule because it makes Executive Orders 12866 and 13563
* * * * * nonsubstantive changes to correct direct agencies to assess all costs and
ASO FL E5 Placida, FL [NEW] citations and clarifies the scope, policy, benefits of available regulatory
responsibilities, procedures, and alternatives and, if the regulation is
Coral Creek Airport, FL
(Lat. 26°51′13″ N., long. 82°15′09″ W.)
violations described in NASA’s traffic necessary, to select the regulatory
enforcement regulations. No opposition approach that maximizes net benefits.
That airspace extending upward from 700
to these changes and no significant This rule is not a significant regulatory
feet above the surface within a 6.6-mile
radius of Coral Creek Airport.
adverse comments are expected. action under section 3(f) of Executive
However, if NASA receives significant Order 12866, Regulatory Planning and
Issued in College Park, Georgia, on October adverse comments, it will withdraw this Review, because this rule relates solely
jstallworth on DSK7TPTVN1PROD with RULES

27, 2015. direct final rule by publishing a notice to the internal operations of NASA.
Ryan W. Almasy, in the Federal Register. A significant Therefore, the Office of Management
Acting Manager, Operations Support Group, adverse comment is one that explains: and Budget did not review this rule.
Eastern Service Center, Air Traffic (1) Why the direct final rule is
Organization. inappropriate, including challenges to Paperwork Reduction Act
[FR Doc. 2015–28782 Filed 11–12–15; 8:45 am] the rule’s underlying premise or The Paperwork Reduction Act (44
BILLING CODE 4910–13–P approach; or (2) why the direct final U.S.C. chapter 35) does not apply to this

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Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Rules and Regulations 70153

pedestrian traffic rule or regulation FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act
made applicable to the installation Joseph Bartels, 202–482–3084. This action is merely administrative
under the provisions of this subpart, is in nature, and addresses a matter of
SUPPLEMENTARY INFORMATION: This rule
subject to punishment as provided for agency organization. It does not contain
modifies the sections of the Department
by the applicable local policies and a ‘‘collection of information’’ as that
of Commerce’s FOIA and PA regulations
procedural requirements that a Center term is defined in the Paperwork
addressing appeals of denials of
Director or the Executive Director for Reduction Act, 44 U.S.C. 3501, et seq.
requests under FOIA and requests for
Headquarters Operations has issued
review or corrective action under the PA List of Subjects in 15 CFR Part 4
under section 1204.1102 and in
by updating the name and address of the
accordance with section 1204.1103. Freedom of information, Privacy.
office in the OGC that decides appeals.
Nanette Jennings, The current FOIA regulations state that Dated: October 28, 2015.
NASA Federal Register Liaison Officer. the Assistant General Counsel for Catrina D. Purvis,
[FR Doc. 2015–28813 Filed 11–12–15; 8:45 am] Administration (AGC-Admin) decides Chief Privacy Officer and Director for Open
BILLING CODE 7510–13–P all appeals from FOIA requests (except Government, Department of Commerce.
those made to the Office of the Inspector For the reasons set forth above, the
General, or to the AGC-Admin). The Department of Commerce amends 15
DEPARTMENT OF COMMERCE regulations also require appellants to CFR part 4 as follows:
address requests for corrective action or
15 CFR Part 4 review for overly delayed responses PART 4—DISCLOSURE OF
under the PA to the AGC-Admin. GOVERNMENT INFORMATION
[Docket Number: 150902802–5802–01]
The Department of Commerce’s Office
RIN 0605–AA39 ■ 1. The authority citation for this part
of General Counsel (OGC) has recently
continues to read as follows:
reorganized its offices, and the position
Freedom of Information Act and Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
of AGC-Admin no longer exists. In its
Privacy Act Regulations, Nomenclature U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 3717; 44
place, the Assistant General Counsel for
Change U.S.C. 3101; Reorganization Plan No. 5 of
Litigation, Employment, and Oversight
1950.
AGENCY: Department of Commerce has been delegated the authority from
(Commerce). the General Counsel to make final ■ 2. Amend § 4.10 by revising
decisions on appeal of initially denied paragraphs (b)(1) and (c) to read as
ACTION: Final rule.
requests for records under FOIA. See follows:
SUMMARY: The Department of Commerce Department Administrative Order 205– § 4.10 Appeals from initial determinations
(Department) amends its regulations 12, sections 4 and 5. or untimely delays.
under the Freedom of Information Act Accordingly, this rule amends part 4 * * * * *
(FOIA) and the Privacy Act (PA) to of title 15 of the Code of Federal (b)(1) Appeals, other than appeals
reflect an organizational change in the Regulations to remove references to the from requests made to the Office of
Department’s Office of General Counsel now non-existent AGC-Admin, and Inspector General, shall be decided by
(OGC). Specifically, this action removes replace it with the term ‘‘Assistant the Assistant General Counsel for
from the provisions on FOIA appeals General Counsel for Litigation, Litigation, Employment, and Oversight.
and the PA all references to the position Employment, and Oversight.’’ This Written appeals should be addressed to
of Assistant General Counsel for action is merely a nomenclature change, the Assistant General Counsel for
Administration, and replaces them with and does not modify or revise in any Litigation, Employment, and Oversight,
references to the new ‘‘Assistant General substantive way the Department of at U.S. Department of Commerce, Office
Counsel for Litigation, Employment, Commerce’s FOIA or PA regulations, or of the General Counsel, Room 5875,
and Oversight.’’ The Department’s OGC FOIA or PA requirements. 14th and Constitution Avenue NW.,
recently eliminated the position Washington, DC 20230. An appeal may
‘‘Assistant General Counsel for Classification
also be sent via facsimile at 202–482–
Administration,’’ and this amendment Executive Order 12866 2552. For a written appeal, both the
updates the rules to implement that letter and the appeal envelope should be
change. The rule also reflects that the This rule is limited to agency clearly marked ‘‘Freedom of Information
Office of the Assistant General Counsel organization, and therefore is not Act Appeal.’’ Appeals may also be
for Litigation, Employment, and considered a ‘‘regulation’’ under submitted electronically either by email
Oversight will be conducting FOIA Executive Orders 12866 and 13563. to FOIAAppeals@doc.gov or online at
appeals and responding to requests for Accordingly, it is exempt from review the FOIAonline Web site, http://
corrective action or review under the PA by the Office of Management and foiaonline.regulations.gov, if requesters
for the Department. This action merely Budget. have a FOIAonline account. In all cases,
makes a nomenclature change; the the appeal (written or electronic) should
change has no substantive impact to the Regulatory Flexibility Act
include a copy of the original request
public, because the OGC has in the past Because this rule addresses a matter and initial denial, if any. All appeals
and will continue to handle the FOIA of agency organization, and therefore is should include a statement of the
and PA actions described above. not subject to the notice and comment reasons why the records requested
jstallworth on DSK7TPTVN1PROD with RULES

DATES: This action is effective on requirements of the Administrative should be made available and why the
November 13, 2015. Procedure Act, it is also exempt from adverse determination was in error. No
ADDRESSES: The final rule is available at the requirements of the Regulatory opportunity for personal appearance,
www.regulations.gov, or by contacting Flexibility Act. Accordingly, a oral argument or hearing on appeal is
the Department of Commerce: Room regulatory flexibility analysis is not provided. Upon receipt of an appeal, the
1854, 1401 Constitution Avenue NW., required for this action, and none has Assistant General Counsel for Litigation,
Washington, DC 20230. been prepared. Employment, and Oversight ordinarily

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Document Created: 2018-03-01 11:23:28
Document Modified: 2018-03-01 11:23:28

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 rule is effective January 12, 2016 without further action, unless adverse comments are received by December 14, 2015. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the Federal Register.
Contact		Charles Lombard, 202-358-0891, charles.e.lombard.nasa.gov.
FR Citation		80 FR 70151
RIN Number		2700-AE24
CFR Associated		Federal Buildings and Facilities and Security Measures