82_FR_35584 82 FR 35439 - National Space Grant College and Fellowship Program

82 FR 35439 - National Space Grant College and Fellowship Program

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 82, Issue 145 (July 31, 2017)

Page Range35439-35442
FR Document2017-15984

This direct final rule makes nonsubstantive changes to Agency regulations to correct citations and office titles.

Federal Register, Volume 82 Issue 145 (Monday, July 31, 2017)
[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Rules and Regulations]
[Pages 35439-35442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15984]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1259

RIN 2700-AE00
[Document Number NASA-17-055]


National Space Grant College and Fellowship Program

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This direct final rule makes nonsubstantive changes to Agency 
regulations to correct citations and office titles.

DATES: This direct final rule is effective September 29, 2017. Comments 
due on or before August 30, 2017. 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-AE00 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: Lenell Allen, Office of Education, 
NASA Headquarters, telephone (202) 358-1762.

SUPPLEMENTARY INFORMATION:

Direct Final Rule

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it makes nonsubstantive changes to correct citations 
and office titles. 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 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.

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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final

[[Page 35440]]

rule has been designated as ``not significant.''

Executive Order 13132, Federalism

    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.

Paperwork Reduction Act Statement

    This final rule does not contain an information collection 
requirement that is subject to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

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 makes corrections to 
citations and titles of NASA officials; therefore, it does not have a 
significant economic impact on a substantial number of small entities.

List of Subjects in 14 CFR Part 1259

    Colleges and universities.

    Accordingly, under the authority of the National Aeronautics and 
Space Act, as amended, NASA amends part 1259 as follows:

PART 1259--NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

0
1. The authority citation for part 1259 is revised to read as follows:

    Authority: Pub. L. 100-147, 101 Stat. 869-875; Sec. 3, Pub. L. 
111-314, 124 Stat. 3382; 51 U.S.C. 40301-40311.

Subpart 1259.1--Basic Policy

0
2. In Sec.  1259.100, paragraph (a) is revised to read as follows:


Sec.  1259.100  Scope of part.

    (a) This part 1259 establishes the policies, responsibilities, and 
procedures relative to the National Space Grant College and Fellowship 
Program established by Title II of the National Aeronautics and Space 
Administration (NASA) Authorization Act of 1988 (Pub. L. 100-147, 101 
Stat. 869-875, now codified at 51 U.S.C. 40301-40311 as a result of 
Sec. 3, Pub. L. 111-314, 124 Stat. 3382). This statute authorizes the 
Administrator of NASA, in order to carry out the purposes of the 
National Space Grant College and Fellowship Act (the Act), to accept 
conditional or unconditional gifts and donations; to accept and use 
funds from other Federal departments, agencies, and instrumentalities; 
to make awards with respect to such needs or problems; and to designate 
Space Grant colleges. It further directs the Administrator to establish 
a graduate fellowship program to provide educational assistance to 
qualified individuals in fields related to space and to establish an 
independent committee known as the Space Grant Review Panel to review 
and advise the Administrator with respect to Space Grant programs.
* * * * *

0
3. Amend Sec.  1259.101 by revising paragraphs (b) introductory text, 
(f), (g), (h), and (n) to read as follows:


Sec.  1259.101   Definitions.

* * * * *
    (b) Institution of higher education means any college or university 
in any state that:
* * * * *
    (f) Space means aeronautical and space activities which has the 
meaning given to such term in section 103(1) of the National 
Aeronautics and Space Act of 1958, as amended (51 U.S.C. 20103).
    (g) Space Grant college means any public or private institution of 
higher education that is designated as such by the Administrator or 
designee pursuant to section 208 of the Act.
    (h) Space Grant regional consortium means any association or other 
alliance that is designated as such by the Administrator or designee 
pursuant to section 208 of the Act.
* * * * *
    (n) State Space Grant cooperating institution means any institution 
of higher education in a state that does not have a designated Space 
Grant college, and that is named by the Administrator or designee to 
provide selected Space Grant program functions within that state.

0
4. Revise Sec.  1259.102 to read as follows:


Sec.  1259.102   General policy.

    (a) In compliance with the National Space Grant College and 
Fellowship Act (51 U.S.C. 40301-40311), it shall be NASA's purpose to:
    (1) Increase the understanding, assessment, development, and 
utilization of space resources by promoting a strong educational base, 
responsive research and training activities, and broad and prompt 
dissemination of knowledge and techniques;
    (2) Utilize the abilities and talents of the universities of the 
Nation to support and contribute to the exploration and development of 
the resources and opportunities afforded by the space environment;
    (3) Encourage and support the existence of interdisciplinary and 
multidisciplinary programs of space research to engage in activities of 
training (including teacher education), research, and public service 
and to have cooperative programs with industry;
    (4) Encourage and support the existence of consortia, composed of 
university and industry members, to advance the exploration and 
development of space resources in cases in which national objectives 
can be better fulfilled than through the programs of single 
universities;
    (5) Encourage and support Federal funding for graduate fellowships 
in fields related to space;
    (6) Support activities in colleges and universities generally for 
the purpose of creating and operating a network of institutional 
programs that will enhance achievements resulting from efforts under 
this Act; and
    (7) Encourage cooperation and coordination among Federal agencies 
and Federal programs concerned with space issues.
    (b) It shall be NASA's policy to designate Space Grant colleges, 
State Space Grant cooperating institutions, and Space Grant regional 
consortia and award fellowships, grants, contracts, and other 
transactions competitively in a merit-based review process.
    (c) It shall be NASA's policy to designate and make awards without 
regard to age, color, disability, national origin, race, religion, or 
sex.

0
5. Amend Sec.  1259.103 by revising the section heading and paragraphs 
(a)(1) and (b)(1) to read as follows:


Sec.  1259.103   Space authorities--regular and special.

    (a) * * *
    (1) In order to carry out the provisions of the Act, the 
Administrator is authorized to accept conditional or unconditional 
gifts or donations of services, money, or property; real, personal, or 
mixed; tangible or intangible. This authority is delegated to

[[Page 35441]]

the Director, NASA Space Grant Program.
* * * * *
    (b) * * *
    (1) To carry out the provisions of the Act, the Administrator is 
authorized to accept and use funds from other Federal departments, 
agencies, and instrumentalities to pay for awards under this program. 
This authority is delegated to the Director, NASA Space Grant Program.
* * * * *

Subpart 2--Space Grant Program and Project Awards

0
6. Amend Sec.  1259.201 by revising paragraphs (a)(1), (a)(2), (b) 
introductory text, and (b)(2) to read as follows:


Sec.  1259.201   Types of Space Grant program and project awards--
regular and special.

    (a) * * *
    (1) Be funded by NASA in an amount not to exceed 66 percent of the 
total cost of the Space Grant award and/or fellowship program involved; 
or
    (2) Be funded in an amount not to exceed 100 percent of its cost if 
the project award is funded by another Federal entity.
    (b) A special Space Grant program or project award may be funded in 
an amount not to exceed 100 percent of the total cost of the special 
project if the Administrator or designee, the Director, NASA Space 
Grant Program, determines that:
* * * * *
    (2) The probable benefit of such program or project outweighs the 
public interest in such matching requirement; and
* * * * *

0
7. Amend Sec.  1259.202 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  1259.202   Application procedures.

    (a) The opportunity to apply shall be announced by the Director, 
NASA Space Grant Program.
* * * * *
    (c) The applications will be reviewed by a peer review merit 
selection panel appointed by the Director, NASA Space Grant Program.

0
8. Amend Sec.  1259.203 by revising the introductory text and paragraph 
(b) to read as follows:


Sec.  1259.203  Limitations.

    The Act at Public Law 100-147, Section 206(d)(2) and (3), states 
that:
* * * * *
    (b) However, funds may be used to lease any of the items listed in 
paragraph (a) of this section provided prior written approval is 
obtained from the Administrator or designee.

Subpart 3--National Needs Grants

0
9. Revise Sec.  1259.300 to read as follows:


Sec.  1259.300  Description.

    National needs awards may be awarded by the Administrator or 
designee, Director, NASA Space Grant Program, to meet such needs or 
problems relating to aerospace identified by the Space Grant Review 
Panel, by NASA officials, or by any person. NASA may fund such awards 
in an amount not to exceed 100 percent of the total cost of the program 
or project.

0
10. Amend Sec.  1259.302 by revising paragraph (b) to read as follows:


Sec.  1259.302  Application procedures.

* * * * *
    (b) The Director, NASA Space Grant Program shall establish a 
competitive, merit-based review process to examine unsolicited national 
needs proposals.

Subpart 4--Space Grant College and Consortium Designation

0
11. Amend Sec.  1259.400 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  1259.400  Description.

    (a) The Administrator may designate Space Grant colleges, Space 
Grant college consortia, and Space Grant regional consortia in order to 
establish Federal/university partnerships to promote a strong 
educational base in the space and aeronautical sciences. These 
designated colleges and consortia will provide leadership for a network 
of American colleges and universities, industry, and state and local 
governments in space-related fields. The Administrator hereby delegates 
this authority to the Director, NASA Space Grant Program.
    (b) Designation of Space Grant colleges, Space Grant college 
consortia, and Space Grant regional consortia shall be for five years. 
Designation of Space Grant colleges and consortia may be continued for 
more than five years based on the results of a merit review at the 
beginning of the fifth year. A claim arising in the United States 
should be submitted to the Chief Counsel of the NASA installation whose 
activities are believed to have given rise to the claimed injury, loss, 
or death. If the identity of such installation is not known, or if the 
claim arose in a foreign country, the claim should be submitted to the 
General Counsel, Headquarters, National Aeronautics and Space 
Administration, Washington, DC 20546.
* * * * *

0
12. Amend Sec.  1259.401 by revising paragraphs (d) and (e) to read as 
follows:


Sec.  1259.401  Responsibilities.

* * * * *
    (d) Develop and implement programs of public service, 
interdisciplinary space-related programs, advisory activities, and 
cooperation with industry, research laboratories, state and local 
governments, and other colleges and universities, particularly 
institutions in their state and/or region with significantly large 
enrollments of minority students who are under-represented in science 
and technology; and
    (e) Provide non-Federal matching funds (exclusive of in-kind 
contributions) for the Space Grant program equal to those provided by 
NASA.

0
13. Amend Sec.  1259.402 by revising paragraphs (a), (b) introductory 
text, and (c) to read as follows:


Sec.  1259.402  Basic criteria and application procedures.

    (a) Any institution of higher education may be designated a Space 
Grant college if the Administrator or designee, Director, NASA Space 
Grant Program, determines that it has a balanced program of research, 
education, training, and advisory services in fields related to space, 
as further defined in the program announcement.
    (b) Any association or other alliance of two or more persons may be 
designated a Space Grant regional consortium, if the Administrator or 
designee, Director, National Space Grant Program, determines that such 
association or alliance:
* * * * *
    (c) The opportunity to apply for designation shall be announced by 
the Director, NASA Space Grant Program. The application procedures and 
evaluation guidelines for designation shall be included in the 
designation announcement.
* * * * *

0
14. Revise Sec.  1259.403 to read as follows:


Sec.  1259.403  Limitations.

    The same limitations shall apply as stated in Sec.  1259.203.

0
15. Revise Sec.  1259.404 to read as follows:

[[Page 35442]]

Sec.  1259.404  Suspension or termination of designation.

    The Administrator or designee, Director, NASA Space Grant Program, 
may, for cause, after an opportunity for a hearing before a Federal 
administrative judge appointed by the Deputy Administrator, suspend or 
terminate the Space Grant designation of any institution or consortium.

Subpart 5--Space Grant Fellowships

0
16. Revise Sec.  1259.500 to read as follows:


Sec.  1259.500  Description.

    The Space Grant fellowship program will provide educational and 
training assistance to qualified individuals at the graduate level in 
fields related to space. Awards will be made to institutions of higher 
education for fellowships. The student recipients shall be referred to 
as NASA Space Grant Fellows.

0
17. Revise Sec.  1259.501 to read as follows:


Sec.  1259.501  Responsibilities.

    (a) All institutions that receive Space Grant fellowships shall use 
the awards to increase the pool of graduate students in fields related 
to space.
    (b) The overall fellowship program shall be cognizant of the 
importance of achieving institutional and geographical diversity.

0
18. Amend Sec.  1259.502 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  1259.502  Application procedures.

    (a) All applicants for designation as Space Grant colleges and 
consortia shall apply for Space Grant fellowships.
* * * * *
    (c) There shall be a merit review selection for Space Grant 
fellowship awards.

0
19. Amend Sec.  1259.503 by revising paragraph (b) to read as follows:


Sec.  1259.503  Limitations.

* * * * *
    (b) Any students supported under this fellowship program shall not 
be funded for more than four years unless the Director, NASA Space 
Grant Program, makes an exception in writing.

Subpart 6--Space Grant Review Panel

0
20. Revise Sec.  1259.600 to read as follows:


Sec.  1259.600  Panel description.

    An independent committee, the Space Grant Review Panel (Panel), 
which is not subject to the Federal Advisory Committee Act, shall be 
established to advise the Administrator with respect to Space Grant 
program and project awards, the Space Grant fellowship program, and the 
designation and operation of Space Grant colleges and consortia. A 
majority of the voting members shall be individuals who, by reason of 
their knowledge, experience, or training, are especially qualified in 
one or more of the fields related to space. The other voting members 
shall be individuals who, by reason of their knowledge, experience, or 
training, are especially qualified in, or representative of, education, 
extension services, state government, industry, economics, planning, or 
any other activity related to the purposes of the Space Grant program.

0
21. Amend Sec.  1259.601 by revising paragraphs (a), (b), (c), (f), and 
(g) to read as follows:


Sec.  1259.601  Establishment and composition.

    (a) The Panel, to be located at NASA Headquarters in Washington, 
DC, will be composed of ten (10) voting members who are not current 
NASA employees.
    (b) The Panel shall include four representatives from Federal 
departments, agencies, or entities that have an interest in space 
programs or science and education, as well as six representatives from 
non-Federal entities.
    (c) The non-Federal representatives shall include two persons who 
are directly involved with the Space Grant program at a Space Grant 
college or consortium, one person who is involved with the Space Grant 
program at a university that is not a designated Space Grant college, a 
university president or chancellor, one representative from a space-
related industry, and the last person to be from whatever field the 
Administrator determines to be of greatest concern.
* * * * *
    (f) The Administrator or designee, Director, NASA Space Grant 
Program, shall select a Chair and a Vice Chair for the Panel. The Vice 
Chair shall act as Chair in the absence or incapacity of the Chair.
    (g) The Administrator or designee, Director, NASA Space Grant 
Program, may select NASA officials to serve as ex officio, non-voting 
members of the Panel.

0
22. Revise Sec.  1259.602 to read as follows:


Sec.  1259.602  Conflict of interest.

    Any member of the Panel who has a personal or financial interest in 
an issue for consideration before the Panel shall abstain from all 
discussion and voting on such issue.

0
23. Amend Sec.  1259.603 by revising paragraphs (a) introductory text, 
(c), and (d) to read as follows:


Sec.  1259.603  Responsibilities.

    (a) The Panel shall advise the Administrator and designee, 
Director, NASA Space Grant Program, with respect to:
* * * * *
    (c) The Panel may exercise such powers as reasonably necessary in 
order to carry out the duties enumerated in paragraph (a) of this 
section.
    (d) The Director, NASA Space Grant Program, shall appoint an 
Executive Secretary who shall perform administrative duties for the 
Panel.
* * * * *

Nanette J. Smith,
NASA Federal Register Liaison Officer.
[FR Doc. 2017-15984 Filed 7-28-17; 8:45 am]
BILLING CODE P



                                                                  Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations                                              35439

                                              The Rule                                                 PART 71—DESIGNATION OF CLASS A,                           Rulemaking Portal: http://
                                                                                                       B, C, D, AND E AIRSPACE AREAS; AIR                        www.regulations.gov. Follow the online
                                                 This amendment to Title 14, Code of                                                                             instructions for submitting comments.
                                                                                                       TRAFFIC SERVICE ROUTES; AND
                                              Federal Regulations (14 CFR) part 71                                                                               Please note that NASA will post all
                                                                                                       REPORTING POINTS
                                              establishes Class E airspace extending                                                                             comments on the Internet with changes,
                                              upward from 700 feet above the surface                   ■ 1. The authority citation for part 71                   including any personal information
                                              at Dixon Airport, Dixon, WY. Controlled                  continues to read as follows:                             provided.
                                              airspace is established within a 7-mile
                                                                                                         Authority: 49 U.S.C. 106(f), 106(g); 40103,             FOR FURTHER INFORMATION CONTACT:
                                              radius of Dixon Airport with a segment                   40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                              8 miles wide (4 miles each side of a 045°                                                                          Lenell Allen, Office of Education, NASA
                                                                                                       1959–1963 Comp., p. 389.
                                              bearing from the airport) extending to                                                                             Headquarters, telephone (202) 358–
                                              15.5 miles northeast of the airport to                   § 71.1       [Amended]                                    1762.
                                              support new RNAV (GPS) instrument                        ■ 2. The incorporation by reference in                    SUPPLEMENTARY INFORMATION:
                                              approach procedures for IFR operations                   14 CFR 71.1 of FAA Order 7400.11A,
                                              at the airport. This action ensures the                                                                            Direct Final Rule
                                                                                                       Airspace Designations and Reporting
                                              safety and management of aircraft                        Points, dated August 3, 2016, and                            NASA has determined this
                                              within the national airspace system as                   effective September 15, 2016, is                          rulemaking meets the criteria for a
                                              we transition from ground-based                          amended as follows:                                       direct final rule because it makes
                                              navigation aids to a satellite-based                                                                               nonsubstantive changes to correct
                                              Global Navigation Satellite System.                      Paragraph 6005 Class E Airspace Areas
                                                                                                       Extending Upward From 700 Feet or More                    citations and office titles. No opposition
                                              Regulatory Notices and Analyses                          Above the Surface of the Earth.                           to the changes and no significant
                                                                                                                                                                 adverse comments are expected.
                                                                                                       *        *       *       *       *
                                                 The FAA has determined that this                                                                                However, if the Agency receives a
                                              regulation only involves an established                  ANM WY E5 Dixon, WY [New]                                 significant adverse comment, it will
                                              body of technical regulations for which                  Dixon Airport, WY                                         withdraw this direct final rule by
                                              frequent and routine amendments are                        (Lat. 41°02′15″ N., long. 107°29′33″ W.)                publishing a notice in the Federal
                                              necessary to keep them operationally                       That airspace extending upward from 700                 Register. A significant adverse comment
                                              current, is non-controversial and                        feet above the surface within a 7-mile radius             is one that explains: (1) Why the direct
                                              unlikely to result in adverse or negative                of Dixon Airport, and within 4 miles each                 final rule is inappropriate, including
                                              comments. It, therefore: (1) Is not a                    side of a 045° bearing from the airport                   challenges to the rule’s underlying
                                              ‘‘significant regulatory action’’ under                  extending from the 7-mile radius to 15.5                  premise or approach; or (2) why the
                                              Executive Order 12866; (2) is not a                      miles northeast of the airport.
                                                                                                                                                                 direct final rule will be ineffective or
                                              ‘‘significant rule’’ under DOT                             Issued in Seattle, Washington, on July 20,              unacceptable without a change. In
                                              Regulatory Policies and Procedures (44                   2017.                                                     determining whether a comment
                                              FR 11034; February 26, 1979); and (3)                    Sam S.L. Shrimpton,                                       necessitates withdrawal of this direct
                                              does not warrant preparation of a                        Acting Group Manager, Operations Support                  final rule, NASA will consider whether
                                              Regulatory Evaluation as the anticipated                 Group, Western Service Center.                            it warrants a substantive response in a
                                              impact is so minimal. Since this is a                    [FR Doc. 2017–15864 Filed 7–28–17; 8:45 am]               notice and comment process.
                                              routine matter that only affects air traffic             BILLING CODE 4910–13–P
                                                                                                                                                                 Statutory Authority
                                              procedures and air navigation, it is
                                              certified that this rule, when                                                                                       The National Aeronautics and Space
                                              promulgated, will not have a significant                 NATIONAL AERONAUTICS AND                                  Act (the Space Act), 51 U.S.C. 20113(a),
                                              economic impact on a substantial                         SPACE ADMINISTRATION                                      authorizes the Administrator of NASA
                                              number of small entities under the                                                                                 to make, promulgate, issue, rescind, and
                                              criteria of the Regulatory Flexibility Act.              14 CFR Part 1259                                          amend rules and regulations governing
                                                                                                                                                                 the manner of its operations and the
                                              Environmental Review                                     RIN 2700–AE00
                                                                                                                                                                 exercise of the powers vested in it by
                                                 The FAA has determined that this                      [Document Number NASA–17–055]                             law.
                                              action qualifies for categorical exclusion                                                                         Regulatory Analysis
                                              under the National Environmental                         National Space Grant College and
                                              Policy Act in accordance with FAA                        Fellowship Program                                        Executive Order 12866, Regulatory
                                              Order 1050.1F, ‘‘Environmental                           AGENCY: National Aeronautics and                          Planning and Review and Executive
                                              Impacts: Policies and Procedures,’’                      Space Administration.                                     Order 13563, Improvement Regulation
                                              paragraph 5–6.5a. This airspace action                   ACTION: Direct final rule.
                                                                                                                                                                 and Regulation Review
                                              is not expected to cause any potentially                                                                              Executive Orders 13563 and 12866
                                              significant environmental impacts, and                   SUMMARY:    This direct final rule makes                  direct agencies to assess all costs and
                                              no extraordinary circumstances exist                     nonsubstantive changes to Agency                          benefits of available regulatory
                                              that warrant preparation of an                           regulations to correct citations and                      alternatives and, if regulation is
                                              environmental assessment.                                office titles.                                            necessary, to select regulatory
                                                                                                       DATES: This direct final rule is effective                approaches that maximize net benefits
                                              Lists of Subjects in 14 CFR Part 71
                                                                                                       September 29, 2017. Comments due on                       (including potential economic,
sradovich on DSKBCFCHB2PROD with RULES




                                               Airspace, Incorporation by reference,                   or before August 30, 2017. If adverse                     environmental, public health and safety
                                              Navigation (air).                                        comments are received, NASA will                          effects, distributive impacts, and
                                                                                                       publish a timely withdrawal of the rule                   equity). Executive Order 13563
                                              Adoption of the Amendment
                                                                                                       in the Federal Register.                                  emphasizes the importance of
                                                In consideration of the foregoing, the                 ADDRESSES: Comments must be                               quantifying both costs and benefits, of
                                              Federal Aviation Administration                          identified with RIN 2700–AE00 and                         reducing costs, of harmonizing rules,
                                              amends 14 CFR part 71 as follows:                        may be sent to NASA via the Federal E-                    and of promoting flexibility. This final


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                                              35440                 Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations

                                              rule has been designated as ‘‘not                          Administration (NASA) Authorization                       (1) Increase the understanding,
                                              significant.’’                                             Act of 1988 (Pub. L. 100–147, 101 Stat.                assessment, development, and
                                                                                                         869–875, now codified at 51 U.S.C.                     utilization of space resources by
                                              Executive Order 13132, Federalism
                                                                                                         40301–40311 as a result of Sec. 3, Pub.                promoting a strong educational base,
                                                 E.O. 13132, ‘‘Federalism,’’ 64 FR                       L. 111–314, 124 Stat. 3382). This statute              responsive research and training
                                              43255 (August 4, 1999) requires                            authorizes the Administrator of NASA,                  activities, and broad and prompt
                                              regulations be reviewed for Federalism                     in order to carry out the purposes of the              dissemination of knowledge and
                                              effects on the institutional interest of                   National Space Grant College and                       techniques;
                                              states and local governments, and if the                   Fellowship Act (the Act), to accept                       (2) Utilize the abilities and talents of
                                              effects are sufficiently substantial,                      conditional or unconditional gifts and                 the universities of the Nation to support
                                              preparation of the Federal assessment is                   donations; to accept and use funds from                and contribute to the exploration and
                                              required to assist senior policy makers.                   other Federal departments, agencies,                   development of the resources and
                                              The amendments will not have any                           and instrumentalities; to make awards                  opportunities afforded by the space
                                              substantial direct effects on state and                    with respect to such needs or problems;                environment;
                                              local governments within the meaning                       and to designate Space Grant colleges. It                 (3) Encourage and support the
                                              of the E.O. Therefore, no Federalism                       further directs the Administrator to                   existence of interdisciplinary and
                                              assessment is required.                                    establish a graduate fellowship program                multidisciplinary programs of space
                                              Paperwork Reduction Act Statement                          to provide educational assistance to                   research to engage in activities of
                                                                                                         qualified individuals in fields related to             training (including teacher education),
                                                 This final rule does not contain an                     space and to establish an independent
                                              information collection requirement that                                                                           research, and public service and to have
                                                                                                         committee known as the Space Grant                     cooperative programs with industry;
                                              is subject to the Paperwork Reduction                      Review Panel to review and advise the
                                              Act of 1995 (44 U.S.C. 3501 et seq.).                                                                                (4) Encourage and support the
                                                                                                         Administrator with respect to Space                    existence of consortia, composed of
                                              Regulatory Flexibility Act                                 Grant programs.                                        university and industry members, to
                                                 The Regulatory Flexibility Act (5                       *     *     *     *     *                              advance the exploration and
                                              U.S.C. 601 et seq.) requires an agency to                  ■ 3. Amend § 1259.101 by revising                      development of space resources in cases
                                              prepare an initial regulatory flexibility                  paragraphs (b) introductory text, (f), (g),            in which national objectives can be
                                              analysis to be published at the time the                   (h), and (n) to read as follows:                       better fulfilled than through the
                                              proposed rule is published. This                                                                                  programs of single universities;
                                              requirement does not apply if the                          § 1259.101       Definitions.                             (5) Encourage and support Federal
                                              agency ‘‘certifies that the rule will not,                 *      *    *     *     *                              funding for graduate fellowships in
                                              if promulgated, have a significant                           (b) Institution of higher education                  fields related to space;
                                              economic impact on a substantial                           means any college or university in any                    (6) Support activities in colleges and
                                              number of small entities’’ (5 U.S.C. 603).                 state that:                                            universities generally for the purpose of
                                              This rule makes corrections to citations                   *      *    *     *     *                              creating and operating a network of
                                              and titles of NASA officials; therefore, it                  (f) Space means aeronautical and                     institutional programs that will enhance
                                              does not have a significant economic                       space activities which has the meaning                 achievements resulting from efforts
                                              impact on a substantial number of small                    given to such term in section 103(1) of                under this Act; and
                                              entities.                                                  the National Aeronautics and Space Act                    (7) Encourage cooperation and
                                              List of Subjects in 14 CFR Part 1259                       of 1958, as amended (51 U.S.C. 20103).                 coordination among Federal agencies
                                                                                                           (g) Space Grant college means any                    and Federal programs concerned with
                                                Colleges and universities.
                                                                                                         public or private institution of higher                space issues.
                                                Accordingly, under the authority of                      education that is designated as such by                   (b) It shall be NASA’s policy to
                                              the National Aeronautics and Space Act,                    the Administrator or designee pursuant                 designate Space Grant colleges, State
                                              as amended, NASA amends part 1259 as                       to section 208 of the Act.                             Space Grant cooperating institutions,
                                              follows:                                                     (h) Space Grant regional consortium                  and Space Grant regional consortia and
                                              PART 1259—NATIONAL SPACE                                   means any association or other alliance                award fellowships, grants, contracts,
                                              GRANT COLLEGE AND FELLOWSHIP                               that is designated as such by the                      and other transactions competitively in
                                              PROGRAM                                                    Administrator or designee pursuant to                  a merit-based review process.
                                                                                                         section 208 of the Act.                                   (c) It shall be NASA’s policy to
                                              ■  1. The authority citation for part 1259                 *      *    *     *     *                              designate and make awards without
                                              is revised to read as follows:                               (n) State Space Grant cooperating                    regard to age, color, disability, national
                                                Authority: Pub. L. 100–147, 101 Stat. 869–               institution means any institution of                   origin, race, religion, or sex.
                                              875; Sec. 3, Pub. L. 111–314, 124 Stat. 3382;              higher education in a state that does not              ■ 5. Amend § 1259.103 by revising the
                                              51 U.S.C. 40301–40311.                                     have a designated Space Grant college,                 section heading and paragraphs (a)(1)
                                                                                                         and that is named by the Administrator                 and (b)(1) to read as follows:
                                              Subpart 1259.1—Basic Policy                                or designee to provide selected Space
                                                                                                         Grant program functions within that                    § 1259.103       Space authorities—regular and
                                              ■ 2. In § 1259.100, paragraph (a) is                                                                              special.
                                              revised to read as follows:                                state.
                                                                                                         ■ 4. Revise § 1259.102 to read as                        (a) * * *
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                                              § 1259.100       Scope of part.                            follows:                                                 (1) In order to carry out the provisions
                                                (a) This part 1259 establishes the                                                                              of the Act, the Administrator is
                                              policies, responsibilities, and                            § 1259.102       General policy.                       authorized to accept conditional or
                                              procedures relative to the National                          (a) In compliance with the National                  unconditional gifts or donations of
                                              Space Grant College and Fellowship                         Space Grant College and Fellowship Act                 services, money, or property; real,
                                              Program established by Title II of the                     (51 U.S.C. 40301–40311), it shall be                   personal, or mixed; tangible or
                                              National Aeronautics and Space                             NASA’s purpose to:                                     intangible. This authority is delegated to


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                                                                    Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations                                              35441

                                              the Director, NASA Space Grant                             prior written approval is obtained from                National Aeronautics and Space
                                              Program.                                                   the Administrator or designee.                         Administration, Washington, DC 20546.
                                              *     *    *     *     *                                                                                          *    *    *     *    *
                                                (b) * * *                                                Subpart 3—National Needs Grants
                                                                                                                                                                ■ 12. Amend § 1259.401 by revising
                                                (1) To carry out the provisions of the
                                                                                                         ■ 9. Revise § 1259.300 to read as                      paragraphs (d) and (e) to read as follows:
                                              Act, the Administrator is authorized to
                                              accept and use funds from other Federal                    follows:
                                                                                                                                                                § 1259.401       Responsibilities.
                                              departments, agencies, and                                 § 1259.300       Description.                          *     *      *    *     *
                                              instrumentalities to pay for awards
                                              under this program. This authority is                        National needs awards may be                           (d) Develop and implement programs
                                              delegated to the Director, NASA Space                      awarded by the Administrator or                        of public service, interdisciplinary
                                              Grant Program.                                             designee, Director, NASA Space Grant                   space-related programs, advisory
                                                                                                         Program, to meet such needs or                         activities, and cooperation with
                                              *     *    *     *     *                                                                                          industry, research laboratories, state and
                                                                                                         problems relating to aerospace
                                              Subpart 2—Space Grant Program and                          identified by the Space Grant Review                   local governments, and other colleges
                                              Project Awards                                             Panel, by NASA officials, or by any                    and universities, particularly
                                                                                                         person. NASA may fund such awards in                   institutions in their state and/or region
                                              ■ 6. Amend § 1259.201 by revising                          an amount not to exceed 100 percent of                 with significantly large enrollments of
                                              paragraphs (a)(1), (a)(2), (b) introductory                the total cost of the program or project.              minority students who are under-
                                              text, and (b)(2) to read as follows:                                                                              represented in science and technology;
                                                                                                         ■ 10. Amend § 1259.302 by revising
                                                                                                                                                                and
                                              § 1259.201 Types of Space Grant program                    paragraph (b) to read as follows:
                                                                                                                                                                  (e) Provide non-Federal matching
                                              and project awards—regular and special.                    § 1259.302       Application procedures.               funds (exclusive of in-kind
                                                 (a) * * *                                               *     *    *     *    *                                contributions) for the Space Grant
                                                 (1) Be funded by NASA in an amount                                                                             program equal to those provided by
                                              not to exceed 66 percent of the total cost                   (b) The Director, NASA Space Grant
                                                                                                         Program shall establish a competitive,                 NASA.
                                              of the Space Grant award and/or
                                              fellowship program involved; or                            merit-based review process to examine                  ■ 13. Amend § 1259.402 by revising
                                                 (2) Be funded in an amount not to                       unsolicited national needs proposals.                  paragraphs (a), (b) introductory text, and
                                              exceed 100 percent of its cost if the                                                                             (c) to read as follows:
                                                                                                         Subpart 4—Space Grant College and
                                              project award is funded by another                         Consortium Designation                                 § 1259.402 Basic criteria and application
                                              Federal entity.                                                                                                   procedures.
                                                 (b) A special Space Grant program or
                                                                                                         ■ 11. Amend § 1259.400 by revising                       (a) Any institution of higher
                                              project award may be funded in an
                                                                                                         paragraphs (a) and (b) to read as follows:             education may be designated a Space
                                              amount not to exceed 100 percent of the
                                              total cost of the special project if the                   § 1259.400       Description.                          Grant college if the Administrator or
                                              Administrator or designee, the Director,                                                                          designee, Director, NASA Space Grant
                                                                                                           (a) The Administrator may designate                  Program, determines that it has a
                                              NASA Space Grant Program, determines
                                                                                                         Space Grant colleges, Space Grant                      balanced program of research,
                                              that:
                                                                                                         college consortia, and Space Grant                     education, training, and advisory
                                              *      *    *      *    *                                  regional consortia in order to establish
                                                 (2) The probable benefit of such                                                                               services in fields related to space, as
                                                                                                         Federal/university partnerships to                     further defined in the program
                                              program or project outweighs the public                    promote a strong educational base in the
                                              interest in such matching requirement;                                                                            announcement.
                                                                                                         space and aeronautical sciences. These
                                              and                                                        designated colleges and consortia will                   (b) Any association or other alliance
                                              *      *    *      *    *                                  provide leadership for a network of                    of two or more persons may be
                                                                                                         American colleges and universities,                    designated a Space Grant regional
                                              ■ 7. Amend § 1259.202 by revising
                                                                                                         industry, and state and local                          consortium, if the Administrator or
                                              paragraphs (a) and (c) to read as follows:
                                                                                                         governments in space-related fields. The               designee, Director, National Space Grant
                                              § 1259.202       Application procedures.                   Administrator hereby delegates this                    Program, determines that such
                                                (a) The opportunity to apply shall be                    authority to the Director, NASA Space                  association or alliance:
                                              announced by the Director, NASA                            Grant Program.                                         *     *     *     *     *
                                              Space Grant Program.                                         (b) Designation of Space Grant                         (c) The opportunity to apply for
                                              *     *     *    *    *                                    colleges, Space Grant college consortia,               designation shall be announced by the
                                                (c) The applications will be reviewed                    and Space Grant regional consortia shall               Director, NASA Space Grant Program.
                                              by a peer review merit selection panel                     be for five years. Designation of Space                The application procedures and
                                              appointed by the Director, NASA Space                      Grant colleges and consortia may be                    evaluation guidelines for designation
                                              Grant Program.                                             continued for more than five years                     shall be included in the designation
                                              ■ 8. Amend § 1259.203 by revising the                      based on the results of a merit review at              announcement.
                                              introductory text and paragraph (b) to                     the beginning of the fifth year. A claim               *     *     *     *     *
                                              read as follows:                                           arising in the United States should be
                                                                                                                                                                ■ 14. Revise § 1259.403 to read as
                                                                                                         submitted to the Chief Counsel of the
                                                                                                                                                                follows:
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                                              § 1259.203       Limitations.                              NASA installation whose activities are
                                                The Act at Public Law 100–147,                           believed to have given rise to the                     § 1259.403       Limitations.
                                              Section 206(d)(2) and (3), states that:                    claimed injury, loss, or death. If the
                                                                                                         identity of such installation is not                     The same limitations shall apply as
                                              *     *    *      *    *
                                                (b) However, funds may be used to                        known, or if the claim arose in a foreign              stated in § 1259.203.
                                              lease any of the items listed in                           country, the claim should be submitted                 ■ 15. Revise § 1259.404 to read as
                                              paragraph (a) of this section provided                     to the General Counsel, Headquarters,                  follows:


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                                              35442                 Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Rules and Regulations

                                              § 1259.404 Suspension or termination of                    Space Grant program and project                        ■ 23. Amend § 1259.603 by revising
                                              designation.                                               awards, the Space Grant fellowship                     paragraphs (a) introductory text, (c), and
                                                The Administrator or designee,                           program, and the designation and                       (d) to read as follows:
                                              Director, NASA Space Grant Program,                        operation of Space Grant colleges and
                                              may, for cause, after an opportunity for                   consortia. A majority of the voting                    § 1259.603       Responsibilities.
                                              a hearing before a Federal                                 members shall be individuals who, by                     (a) The Panel shall advise the
                                              administrative judge appointed by the                      reason of their knowledge, experience,                 Administrator and designee, Director,
                                              Deputy Administrator, suspend or                           or training, are especially qualified in               NASA Space Grant Program, with
                                              terminate the Space Grant designation                      one or more of the fields related to                   respect to:
                                              of any institution or consortium.                          space. The other voting members shall                  *     *     *     *    *
                                                                                                         be individuals who, by reason of their                   (c) The Panel may exercise such
                                              Subpart 5—Space Grant Fellowships                          knowledge, experience, or training, are                powers as reasonably necessary in order
                                                                                                         especially qualified in, or representative             to carry out the duties enumerated in
                                              ■ 16. Revise § 1259.500 to read as                         of, education, extension services, state               paragraph (a) of this section.
                                              follows:                                                   government, industry, economics,                         (d) The Director, NASA Space Grant
                                              § 1259.500       Description.                              planning, or any other activity related to             Program, shall appoint an Executive
                                                                                                         the purposes of the Space Grant                        Secretary who shall perform
                                                The Space Grant fellowship program
                                                                                                         program.                                               administrative duties for the Panel.
                                              will provide educational and training
                                              assistance to qualified individuals at the                 ■ 21. Amend § 1259.601 by revising                     *     *     *     *    *
                                              graduate level in fields related to space.                 paragraphs (a), (b), (c), (f), and (g) to
                                                                                                                                                                Nanette J. Smith,
                                              Awards will be made to institutions of                     read as follows:
                                                                                                                                                                NASA Federal Register Liaison Officer.
                                              higher education for fellowships. The                      § 1259.601 Establishment and                           [FR Doc. 2017–15984 Filed 7–28–17; 8:45 am]
                                              student recipients shall be referred to as                 composition.                                           BILLING CODE P
                                              NASA Space Grant Fellows.                                    (a) The Panel, to be located at NASA
                                              ■ 17. Revise § 1259.501 to read as                         Headquarters in Washington, DC, will
                                              follows:                                                   be composed of ten (10) voting members                 SUSQUEHANNA RIVER BASIN
                                              § 1259.501       Responsibilities.
                                                                                                         who are not current NASA employees.                    COMMISSION
                                                                                                           (b) The Panel shall include four
                                                (a) All institutions that receive Space                  representatives from Federal                           18 CFR Parts 806 and 808
                                              Grant fellowships shall use the awards                     departments, agencies, or entities that
                                              to increase the pool of graduate students                  have an interest in space programs or                  Review and Approval of Projects;
                                              in fields related to space.                                science and education, as well as six                  Hearings and Enforcement Actions
                                                (b) The overall fellowship program                       representatives from non-Federal
                                              shall be cognizant of the importance of                                                                           Correction
                                                                                                         entities.
                                              achieving institutional and geographical                     (c) The non-Federal representatives                     In rule document 2017–13324,
                                              diversity.                                                 shall include two persons who are                      appearing on pages 29387–29397 in the
                                              ■ 18. Amend § 1259.502 by revising                         directly involved with the Space Grant                 Issue of Thursday, June 29, make the
                                              paragraphs (a) and (c) to read as follows:                 program at a Space Grant college or                    following correction:
                                              § 1259.502       Application procedures.
                                                                                                         consortium, one person who is involved
                                                                                                                                                                § 806.1   [Corrected]
                                                                                                         with the Space Grant program at a
                                                (a) All applicants for designation as                                                                           ■ 1. On page 29390, the first column,
                                                                                                         university that is not a designated Space
                                              Space Grant colleges and consortia shall                                                                          the fifth line down ‘‘§ 806.1806.1
                                                                                                         Grant college, a university president or
                                              apply for Space Grant fellowships.                                                                                Scope.’’, should read as ‘‘806.1 Scope.’’
                                                                                                         chancellor, one representative from a
                                              *     *     *    *     *                                   space-related industry, and the last
                                                (c) There shall be a merit review                                                                               § 806.3   [Corrected]
                                                                                                         person to be from whatever field the
                                              selection for Space Grant fellowship                                                                              ■  2. On page 29390, the first column,
                                                                                                         Administrator determines to be of
                                              awards.                                                                                                           the twenty-seventh line from the bottom
                                                                                                         greatest concern.
                                              ■ 19. Amend § 1259.503 by revising                                                                                ‘‘§ 806.3806.3 Definitions.’’, should read
                                                                                                         *     *     *     *     *                              as ‘‘§ 806.3 Definitions.’’
                                              paragraph (b) to read as follows:                            (f) The Administrator or designee,
                                              § 1259.503       Limitations.                              Director, NASA Space Grant Program,                    § 806.4   [Corrected]
                                                                                                         shall select a Chair and a Vice Chair for              ■  3. On page 29390, the first column,
                                              *      *    *    *    *
                                                                                                         the Panel. The Vice Chair shall act as                 the eleventh line from the bottom
                                                 (b) Any students supported under this
                                                                                                         Chair in the absence or incapacity of the              ‘‘§ 806.4806.4 Projects requiring review
                                              fellowship program shall not be funded
                                                                                                         Chair.                                                 and approval.’’, should read as ‘‘§ 806.4
                                              for more than four years unless the
                                                                                                           (g) The Administrator or designee,                   Projects requiring review and approval.’’
                                              Director, NASA Space Grant Program,
                                                                                                         Director, NASA Space Grant Program,
                                              makes an exception in writing.                                                                                    § 806.6   [Corrected]
                                                                                                         may select NASA officials to serve as ex
                                              Subpart 6—Space Grant Review Panel                         officio, non-voting members of the                     ■  4. On page 29390, the third column,
                                                                                                         Panel.                                                 the fourteenth line from the top
                                              ■ 20. Revise § 1259.600 to read as                         ■ 22. Revise § 1259.602 to read as                     ‘‘§ 806.6806.6 Transfer of approvals.’’,
                                              follows:                                                   follows:                                               should read as ‘‘§ 806.6 Transfer of
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                                                                                                                                                                approvals.’’
                                              § 1259.600       Panel description.                        § 1259.602       Conflict of interest.
                                                An independent committee, the Space                        Any member of the Panel who has a                    § 808.1   [Corrected]
                                              Grant Review Panel (Panel), which is                       personal or financial interest in an issue             ■  5. On page 29395, the second column,
                                              not subject to the Federal Advisory                        for consideration before the Panel shall               the eighth line from the top
                                              Committee Act, shall be established to                     abstain from all discussion and voting                 ‘‘§ 808.1808.1 Public hearings.’’, should
                                              advise the Administrator with respect to                   on such issue.                                         read as ‘‘§ 808.1 Public hearings.’’


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Document Created: 2017-07-29 00:21:48
Document Modified: 2017-07-29 00:21:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective September 29, 2017. Comments due on or before August 30, 2017. If adverse comments are received, NASA will publish a timely withdrawal of the rule in the Federal Register.
ContactLenell Allen, Office of Education, NASA Headquarters, telephone (202) 358-1762.
FR Citation82 FR 35439 
RIN Number2700-AE00

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