[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Proposed Rules]
[Pages 37252-37254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15156]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

[Docket No: NASA-2014-0007]
RIN 2700-AE10


NASA Protective Services Enforcement

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: NASA is proposing to amend its regulations by adding a subpart 
to establish traffic enforcement regulations, authorities, and 
procedures at all NASA Centers and component facilities. The revisions 
to this rule are part of NASA's retrospective plan under EO 13563 
completed in August 2011.

DATES: Submit comments on or before July 31, 2014.

ADDRESSES: Comments must be identified with RIN 2700-AE10 and may be 
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Charles Lombard, 
[email protected].

SUPPLEMENTARY INFORMATON:

Background

    Part 1204 describes the legal basis and other applicable NASA 
regulations related to the NASA's security and law enforcement services 
implementation requirements, of which was promulgated March 28, 1972 
[38 FR 8056]. Changes are being made to align this part with NASA 
objectives in the protection of its people and property.
    It is the policy of the National Aeronautics and Space 
Administration that an effective, standardized, and comprehensive 
traffic safety program be established and maintained at NASA 
Headquarters, NASA Centers, including Component and Technical Service 
Support Centers. A traffic safety program is essential for the 
protection and security of NASA bases, stations, facilities, 
laboratories, and of its aircraft, spacecraft, missiles and similar 
vehicles and of its real and personal property, including property in 
the custody of NASA contractors and subcontractors. Further, at this 
time, NASA does not have a regulation to enforce (including 
criminalizing) such requirements such as speeding, improper or unsafe 
parking, unsafe operation of motor vehicles, and similar minor and/or 
petty traffic infractions. As a result, currently, the Agency can only 
issue administrative traffic citations that are written warnings, with 
insufficient consequences, and accordingly, that have very limited 
positive impact on safety and security at or on its many facilities. 
Currently, as a non-Federal administrative infraction, minor traffic 
offenses cannot be assimilated using Title 18, Section 13, Assimilative 
Crimes Act. Therefore, currently NASA Protective Services (including 
contractor Security Officers) are unable to issue District Court 
Violation Notices (DCVN) for such obvious safety-related, traffic 
offenses such as speeding. Traffic infractions remain a constant safety

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problem, and security vulnerability. To resolve this problem, NASA is 
proposing a new rule to be incorporated into 14 CFR part 1204 as 
Subpart 11, NASA Traffic Safety. The new rule will apply to all persons 
who operate or control a motor vehicle or otherwise use the streets, 
roadways, parking areas, etc. of a NASA facility even where the 
facility is outside of fence lines and/or non-contiguous with other 
NASA assets. With this change, NASA Security Forces can fully 
participate in the Federal Magistrate programs, and may be authorized 
to issue viable and actionable District Court Violation Notices for 
offenses up to and including offenses at the level of driving under the 
influence infractions, utilizing the Central Violations Bureau of the 
Administrative Office of the U.S. Courts. NASA has internal 
requirements (listed below) pertaining to these rules, which are not 
duplicative, but are necessary to ensure that implementation of subpart 
11 of part 1204 is consistent, uniform, and standardized. These 
internal requirements can be accessed at http://nodis3.gsfc.nasa.gov.
 NPR 1600.1, NASA Security Program Procedural Requirements
 NPD 1600.2, NASA Security Policy,
 NPR 8715.3, NASA General Safety Program Requirements. NASA's 
full plan can be accessed on the Agency's open government Web site at 
http://www.nasa.gov/open/.

Statutory Authority

    Part 1204 is established under the National Aeronautics and Space 
Act (Space Act), in accordance with Title 51 U.S.C., the National and 
Commercial Space Programs, Title 5, U.S. Code section 301, and Title 18 
U.S.C. 799.
    Sections 20132 and 20133 of the Space Act authorize the NASA 
Administrator to establish security rules and procedures to safeguard 
NASA's employees, facilities, and proprietary information and 
technologies. Section 301 of Title 5, U.S. Code (2014) provide that: 
``The head of an Executive department or military department may 
prescribe regulations for the government of his department, the conduct 
of its employees, the distribution and performance of its business, and 
the custody, use, and preservation of its records, papers, and 
property. This section does not authorize withholding information from 
the public or limiting the availability of records to the public.''
    Title 18, section 799 provides that ``[w]hoever shall violate, 
attempt to violate, or conspire to violate any regulation or order 
promulgated by the Administrator of the National Aeronautics and Space 
Administration'' for protection of its real property, flight and space 
vehicles, or other equipment ``shall be fined as provided under this 
title, or imprisoned not more than one year, or both.''
    These statutes authorize further regulations to comply with the 
Agency's objectives in the protection of its people, property, systems, 
and information. Regulations as set forth herein will enhance safety 
and security by permitting citations for and enforcement of, traffic 
infractions in appropriate venues.

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review and Executive 
Order 13563, Improving 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 rule has been designated as ``not significant'' under 
section 3(f) of Executive Order 12866.

Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to prepare an initial regulatory flexibility analysis to be 
published at the time the proposed rule is published. This requirement 
does not apply if the agency ``certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities'' (5 U.S.C. 603). This rule updates section of the 
CFR to align with Federal guidelines and does not have a significant 
economic impact on a substantial number of small entities.

Review Under the Paperwork Reduction Act

    This direct final rule does not contain any information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Review Under Executive Order of 13132

    Executive Order 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 Executive Order. Therefore, no 
Federalism assessment is required.

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 is proposing to amend part 1204 as follows:

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

0
1. Add subpart 11 to read as follows:
Subpart 11--Enforcing Traffic Laws at NASA Centers and Component 
Facilities
Sec.
1204.1100 Scope of subpart.
1204.1101 Policy.
1204.1102 Responsibilities.
1204.1103 Procedures.
1204.1104 Violations.

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

    Authority:  The National and Commercial Space Program 51 U.S.C. 
20132 and 20133 et seq; Title 5, U.S.C. 301, and Title 18 U.S.C. 799 
(2014).


Sec.  1204.1100  Scope of subpart.

    This subpart establishes policies pursuant to the requirements of 
National and Commercial Space Programs (51 U.S.C. 20132) 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, ``Housekeeping statute,'' and 18 
U.S.C. 799, making it criminal to violate published NASA regulations. 
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 operate or control a motor vehicle, or otherwise use the 
streets of a NASA installation, over which the United States exercises

[[Page 37254]]

exclusive or concurrent legislative jurisdiction.


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, base, or other facilities, 
and for the protection of any of its aircraft, missiles, spacecraft, or 
similar vehicles, or part thereof, and/or of any property or equipment 
in the custody of any contractor, subcontractor, or the Administration.
    (b) To ensure a safe and secure workplace and to provide better for 
preservation of life and property, all persons on a NASA Center or 
component facility shall comply with the vehicular and pedestrian 
traffic requirements of the installation per this Subpart, and the laws 
of the state in which the installation is located.
    (c) Vehicular and pedestrian traffic. (1) Drivers of all vehicles 
in or on NASA-owned, controlled or leased property 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) Drivers who have had their privilege or license to drive 
suspended or revoked by any state or territory shall not drive any 
vehicle in or on property during such period of suspension or 
revocation.
    (3) Drivers of all vehicles in or on property shall drive in a 
careful and safe manner at all times and shall comply with the signals 
and directions of security force personnel, other authorized 
individuals, and all posted traffic signs, including speed limits.
    (4) The blocking of entrances, driveways, walks, loading platforms, 
or fire hydrants in or on property is prohibited.
    (5) Parking without authority, parking in unauthorized locations or 
in locations reserved for other persons, parking continuously in excess 
of 18 hours without permission, or contrary to the direction of posted 
signs is prohibited. This section may be supplemented by the Center 
Director or installation officer in charge from time to time by the 
issuance and posting of specific traffic directives. When so issued and 
posted, such directives shall have the same force and effect as if made 
a part hereof.
    (d) Center Directors are hereby delegated authority to determine if 
their respective Centers require the authority and ability to issue 
traffic and parking citations, which if implemented, must be in 
accordance with this Subpart. Should no traffic and parking citation 
authority and ability be necessary, the Center Director concerned will 
make a report of same to the Administrator via Associate Administrator 
for Protective Services. Prior to the effective date of Centers 
implementing, Centers and Headquarters Operations should transmit their 
proposed regulations to NASA Office of Protective Services for review 
and concurrence.
    (e) Consistent with arrangements with Federal authorities as each 
Center and Headquarters may make, violators of such regulations may be 
issued a District Court Violation Notices for offenses by security 
officers, including contractor guards. In accordance with this 
regulation, Centers are authorized to make liaison and such 
arrangements for appropriate enforcement programs with the cognizant 
Office(s) of the United States Attorney. Additional information on 
processing violation notices and liaison necessary is available at: 
http://www.cvb.uscourts.gov/.
    (f) A copy of this subpart shall be posted in an appropriate place 
at each NASA Center or component facility.


Sec.  1204.1102  Responsibilities.

    The Center Directors of NASA installations and the Executive 
Director for Headquarters Operations over which the United States has 
exclusive or concurrent legislative jurisdiction, and consistent with 
the foregoing, are delegated the authority to establish additional 
vehicular and pedestrian traffic rules and regulations for their 
installations.
    All persons on a NASA Center or component facility are responsible 
for compliance with locally established vehicular and pedestrian 
traffic rules and regulations.


Sec.  1204.1103  Procedures.

    The Center Directors and the Executive Director for Headquarters 
Operations shall issue local policies and procedural requirements, 
subject to prior NASA Office of Protective Services approval, which 
will implement this regulation for their respective NASA Centers and 
component facilities.


Sec.  1204.1104  Violations.

    A person found in violation, on a NASA installation, of any 
vehicular or pedestrian traffic law, or local installation vehicular or 
pedestrian traffic rule or regulation made applicable to the 
installation under the provisions of this subpart, is subject to 
punishment as provided for by 18 U.S.C. 799 (violation of regulations 
of NASA).

Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2014-15156 Filed 6-30-14; 8:45 am]
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