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


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1216

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


Removal of Obsolete Regulations

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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

DATES: This direct final rule is effective on July 27, 2015. Comments 
due on or before June 29, 2015. If adverse comments are received, NASA 
will publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Comments must be identified with RIN 2700-AE20 and may be 
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Please note that NASA will post all comments on the Internet 
with changes, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Nanette Jennings, 202-358-0819.

SUPPLEMENTARY INFORMATION: 

Direct Final Rule Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves non-substantive changes to remove a 
section from 14 CFR part 1216 that is captured in internal NASA 
requirements. No opposition to the changes and no significant adverse 
comments are expected. However, if the Agency receives a significant 
adverse comment, it will withdraw this direct final rule by publishing 
a notice in the Federal Register. A significant adverse comment

[[Page 30353]]

is one that explains: (1) Why the direct final rule is inappropriate, 
including challenges to the rule's underlying premise or approach; or 
(2) why the direct final rule will be ineffective or unacceptable 
without a change. In determining whether a comment necessitates 
withdrawal of this direct final rule, NASA will consider whether it 
warrants a substantive response in a notice and comment process.

Background

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

Statutory Authority

    The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 
20113 (a), authorizes the Administrator of NASA to make, promulgate, 
issue, rescind, and amend rules and regulations governing the manner of 
its operations and the exercise of the powers vested in it by law.

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review and Executive 
Order 13563, Improvement Regulation and Regulation Review

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits 
of reducing costs, harmonizing rules, and promoting flexibility. This 
rule has been designated as ``not significant'' under section 3(f) of 
E.O. 12866.

Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to prepare an initial regulatory flexibility analysis to be 
published at the time the proposed rule is published. This requirement 
does not apply if the agency ``certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities'' (5 U.S.C. 603). This rule removes two subparts from 
Title 14 of the CFR that are already reflected in existing NASA 
internal requirements and, therefore, does not have a significant 
economic impact on a substantial number of small entities.

Review Under the Paperwork Reduction Act

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

Review Under E.O. 13132

    E.O. 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) requires 
regulations be reviewed for Federalism effects on the institutional 
interest of states and local governments, and if the effects are 
sufficiently substantial, preparation of the Federal assessment is 
required to assist senior policy makers. The amendments will not have 
any substantial direct effects on state and local governments within 
the meaning of the E.O. Therefore, no Federalism assessment is 
required.

List of Subjects in 14 CFR Part 1216

    Flood plains.

PART 1216--ENVIRONMENTAL POLICY

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

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