[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Rules and Regulations]
[Pages 35439-35442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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]
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