[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44461-44462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18745]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1209

[Notice 11-071]
RIN 2700-AD50


Boards and Committees

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes nonsubstantive organizational 
changes to the NASA Inventions and Contributions Board (the Board) and 
removes and replaces obsolete references. The National Aeronautics and 
Space Administration (NASA) is amending its regulations by removing the 
reference to an obsolete NASA Management Instruction and to afford 
organizational flexibility to the Administrator in the functional 
placement of the Inventions and Contributions Board within the Agency 
without the need to amend the Code of Federal Regulations.

DATES: This direct final rule is effective September 26, 2011 unless 
the Agency receives significant adverse comments by midnight Eastern 
Standard Time on August 25, 2011.

ADDRESSES: Comments must be identified with ``RIN 2700-AD50'' and may 
be sent to NASA by the following method:
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Please note 
that NASA may post all comments on the Internet without change, 
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Helen M. Galus, Office of the General 
Counsel, NASA Headquarters, telephone (202) 358-3437, fax (202) 358-
4341.

SUPPLEMENTARY INFORMATION:

Direct Final Rule and Significant Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes dealing with 
NASA's management of the Board. NASA does not anticipate that this 
direct final rule will result in any changes in the functions, 
authority, or membership of the Board. NASA expects no opposition to 
the changes and no significant adverse comments. However, if NASA 
receives a significant adverse comment, the Agency will withdraw this 
direct final rule by

[[Page 44462]]

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 Board is established under the National Aeronautics and Space 
Act, as amended, 51 U.S.C. 20135(g). 51 U.S.C. 20136(a) authorizes the 
NASA Administrator to make monetary awards to any person for any 
scientific or technical contribution to NASA which is determined by the 
Administrator to have significant value in the conduct of aeronautical 
and space activities. Applications for such awards are referred to the 
Inventions and Contributions Board which transmits to the Administrator 
its recommendation as to the terms of the award. The functions, 
authority, and membership of the Inventions and Contributions Board are 
provided in NASA regulations at Title 14 of the Code of Federal 
Regulations, part 1209, subpart 4 (14 CFR 1209.400 et seq.).

Regulatory Analysis

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.).

Executive Order 12866 and Executive Order 13563

    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 rule has been designated a ``significant 
regulatory action'' although not economically significant, under 
section 3(f) of Executive Order 12866. Accordingly, the rule has been 
reviewed by the Office of Management and Budget.

Regulatory Flexibility Act

    It has been certified that this final rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. The rule implements the internal procedures for the 
effective administration of the Board.

List of Subjects in 14 CFR Part 1209

    Boards and committees.

    Accordingly, 14 CFR part 1209 is amended as follows:

PART 1209--BOARDS AND COMMITTEES

Subpart 4--Inventions and Contributions Board

0
1. The authority citation for part 1209 subpart 4 is revised to read as 
follows:

    Authority:  51 U.S.C. 20135(g) and 20136.


0
2. Section 1209.402 is revised to read as follows:


Sec.  1209.402  Responsibilities.

    (a) Waiver of rights in inventions. Under the authority of 51 
U.S.C. 20135(g) and pursuant to 14 CFR part 1245 subpart 1, the Board 
will receive and evaluate petitions for waiver of rights of the United 
States to inventions, accord each interested party an opportunity for a 
hearing, and transmit to the Administrator its findings of fact as to 
such petitions and its recommendations for action to be taken with 
respect thereto.
    (b) Monetary awards for scientific and technical contributions. (1) 
Under the authority of 51 U.S.C. 20136 and pursuant to 14 CFR part 
1240, the Board will receive and evaluate each application for award 
for any scientific or technical contribution to the Administration 
which is determined to have significant value in the conduct of 
aeronautical and space activities, will accord each applicant an 
opportunity for a hearing upon such application, and will then transmit 
to the Administrator its recommendation as to the amount of the 
monetary award and the terms of the award, if any, to be made for such 
contribution.
    (2) If the contribution is made by a Government employee, the Board 
is also authorized to consider such contribution for award under the 
Incentive Awards Program and to make an award, if any, on its own 
cognizance, up to the amount of $10,000, in accordance with NASA 
supplements to Chapter 451 of the Federal Personnel Manual covering 
this subject.

0
3. Section 1209.403 is revised to read as follows:


Sec.  1209.403  Organizational location.

    The Board shall be established within an office or department of 
NASA as designated by the Administrator.

Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2011-18745 Filed 7-25-11; 8:45 am]
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