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


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

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


NASA Protective Services Enforcement

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Direct final rule.

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

DATES: This rule is effective January 12, 2016 without further action, 
unless adverse comments are received by December 14, 2015. If adverse 
comments are received, NASA will publish a timely withdrawal of the 
rule in the Federal Register.

ADDRESSES: Comments must be identified with RIN 2700-AE24 and may be 
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Please note that NASA will post all comments on the Internet 
with changes, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Charles Lombard, 202-358-0891, 
charles.e.lombard.nasa.gov.

SUPPLEMENTARY INFORMATION:

I. Direct Final Rule and Significant Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it makes nonsubstantive changes to correct citations 
and clarifies the scope, policy, responsibilities, procedures, and 
violations described in NASA's traffic enforcement regulations. No 
opposition to these changes and no significant adverse comments are 
expected. However, if NASA receives significant adverse comments, it 
will withdraw this direct final rule by publishing a notice in the 
Federal Register. A significant adverse comment is one that explains: 
(1) Why the direct final rule is inappropriate, including challenges to 
the rule's underlying premise or approach; or (2) why the direct final 
rule will be ineffective or unacceptable without a change. In 
determining whether a comment necessitates withdrawal of this direct 
final rule, NASA will consider whether it warrants a substantive 
response in a notice and comment process.

II. Background

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

III. Regulatory Analysis Section

Regulatory Flexibility Act

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

Executive Order 12866 and Executive Order 13563

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

Paperwork Reduction Act

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

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

Small Business Regulatory Enforcement Fairness Act

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

Executive Order 13132, Federalism

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

Unfunded Mandates Reform Act

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

List of Subjects in 14 CFR Part 1204

    Federal buildings and facilities, Security measures.

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

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

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

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

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


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


Sec.  1204.1100  Scope of subpart.

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

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


Sec.  1204.1101  Policy.

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

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


Sec.  1204.1102  Responsibilities.

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

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


Sec.  1204.1103  Procedures.

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

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


Sec.  1204.1104  Violations.

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

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

Nanette Jennings,
NASA Federal Register Liaison Officer.
[FR Doc. 2015-28813 Filed 11-12-15; 8:45 am]
 BILLING CODE 7510-13-P