[Federal Register Volume 85, Number 219 (Thursday, November 12, 2020)]
[Rules and Regulations]
[Pages 71827-71831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23481]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1221

[Document No: NASA-20-088; Docket No: NASA-2020-0005]
RIN 2700-AE57


NASA Seal, NASA Insignia, NASA Logotype, NASA Program 
Identifiers, NASA Flags, and the Agency's Unified Visual Communications 
System

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This direct final rule makes nonsubstantive changes to add the 
NASA Graphics Standards Manual and make other administrative updates.

DATES: This direct final rule is effective on January 11, 2021. 
Comments due on or before December 14, 2020.

ADDRESSES: Comments must be identified with RINs 2700-AE57 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: Bert Ulrich, 202-358-1713, 
[email protected].

SUPPLEMENTARY INFORMATION: 

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 add the NASA 
Graphics Standards Manual and makes other administrative updates. No 
opposition to the 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.

Background

    Subpart 1 of part 1221, last amended November 5, 1993 [58 FR 
58944], sets forth the policy governing the use of the NASA Seal, the 
NASA Insignia, NASA Logotype, NASA Program Identifiers, and the NASA 
Flags. This subpart also establishes and sets forth the concept and 
scope of the NASA Unified Visual Communications System and prescribes 
the policy and guidelines for implementation of the system. It is 
amended to add the NASA Graphics Standards Manual and make other 
administrative updates.

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, of harmonizing rules, and of 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 adds the NASA Graphics 
Standards Manual and make other administrative updates Subpart 1 of 
part 1221 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.

[[Page 71828]]

Executive Order 13771--Reducing Regulations and Controlling Regulatory 
Costs

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments.

List of Subjects in 14 CFR Part 1221

    Decorations, Medals, Awards, Flags, Seals, Insignia, Unified visual 
communication system.

    For reasons set forth in the preamble, NASA is amending 14 CFR part 
1221, subpart 1221.1 to read as follows:

PART 1221--THE NASA SEAL AND OTHER DEVICES, AND THE CONGRESSIONAL 
SPACE MEDAL OF HONOR

Subpart 1221.1--NASA Seal, NASA Insignia, NASA Logotype, NASA 
Program Identifiers, NASA Flags, and the Agency's Unified Visual 
Communications System

0
1 The authority for subpart 1221.1 continues to read as follows:

    Authority: 42 U.S.C. 2472(a) and 2473(c)(1).


0
2. Revise Sec.  1221.100 to read as follows:


Sec.  1221.100  Scope.

    This subpart sets forth the policy governing the use of the NASA 
Seal, the NASA Insignia, NASA Logotype, NASA Program Identifiers, and 
the NASA Flags. This subpart also establishes and sets forth the 
concept and scope of the NASA Graphics Standards Manual and prescribes 
the policy and guidelines for implementation of the system. The NASA 
Graphics Standards Manual is accessible at https://communications.nasa.gov/sites/default/files/files/NASA_Graphics_Standards_v3-TAGGED-v3.pdf.

0
3. Revise Sec.  1221.103 to read as follows:


Sec.  1221.103  Establishment of the NASA Insignia.

    The NASA Insignia was designed by the Army Institute of Heraldry 
and approved by the Commission of Fine Arts and the NASA Administrator. 
It symbolizes NASA's role in aeronautics and space and is established 
by the NASA Administrator as the signature and design element for 
visual communications formerly reserved for the NASA Logotype. The NASA 
Insignia shall be used as set forth in Sec. Sec.  1221.108, the NASA 
Graphics Standards Manual, and any accompanying style guides or related 
NASA directive or specification approved by the NASA Administrator and 
published subsequent hereto.

[[Page 71829]]

[GRAPHIC] [TIFF OMITTED] TR12NO20.001


0
4. Revised Sec.  1221.104 to read as follows:


Sec.  1221.104  Establishment of the NASA Logotype.

    The NASA Logotype (also called ``the Worm'') was approved by the 
Commission of Fine Arts and the NASA Administrator. It symbolizes 
NASA's role in aeronautics and space from 1975 to 1992 and was retired 
between 1992-2020. The NASA Logotype shall be used as set forth in 
Sec.  1221.111.

[[Page 71830]]

[GRAPHIC] [TIFF OMITTED] TR12NO20.002


0
5. Revise Sec.  1221.107 to read as follows:


Sec.  1221.107  Establishment of the NASA Administrator's, Deputy 
Administrator's, and Associate Administrator's Flags.

    (a) Concurrently with the establishment of the NASA Flag in January 
1960, the NASA Administrator also established NASA Flags to represent 
the NASA Administrator, Deputy Administrator, and Associate 
Administrator. Each of these flags conforms to the basic design of the 
NASA Flag except for the following:
    (1) The size of the flag is 3 feet x 4 feet;
    (2) The Administrator's Flag has four stars;
    (3) The Deputy Administrator's Flag has three stars; and
    (4) The Associate Administrator's Flag has two stars.
    (b) Flags representing these senior officials shall be used as set 
forth in Sec.  1221.113.

0
6. Revise Sec.  1221.108 to read as follows:


Sec.  1221.108  Establishment of the NASA Unified Visual Communications 
System.

    (a) The NASA Administrator directed the establishment of a NASA 
Unified Visual Communications System. The system, which is comprised of 
the NASA Graphics Standards Manual and any accompanying style guides or 
related NASA directive or specification, was developed under the 
Federal Design Improvement Program initiated by the President in May 
1972. This system is the Agency-wide program by which NASA projects a 
contemporary, business-like, progressive, and forward-looking image 
through the use of effective design for improved communications. The 
system provides a professional and cohesive NASA identity by imparting 
continuity of graphics design in all layout, reproduction art, 
stationery, forms, publications, signs, films, video productions, 
vehicles, aircraft, and spacecraft markings and other items. It creates 
a unified image which is representative and symbolic of NASA's 
progressive attitudes and programs.
    (b) The Associate Administrator for Communications is responsible 
for the development and implementation of the NASA Graphics Standards 
Manual and any accompanying style guides for the Agency or related NASA 
directive or specification.
    (c) The Associate Administrator for Communications has designated 
staff to implement and monitor Agency-wide design improvements in 
consonance with the NASA Graphics Standards Manual. Designated staff 
will develop and issue changes and additions to the Manual as required 
and as new design standards and specifications are developed and 
approved. The NASA Graphics Standards Manual can be downloaded at 
https://communications.nasa.gov/sites/default/files/files/NASA_Graphics_Standards_v3-TAGGED-v3.pdf.
    (d) NASA Centers and Headquarters have designated staff to 
implement NASA's graphics standards and ensure compliance of the NASA 
Graphics Standards Manual and any accompanying Style Guides or related 
NASA directive or specification.

0
7. Revise Sec.  1221.109 to read as follows:


Sec.  1221.109  Use of the NASA Seal.

    (a) The Associate Administrator for Communications shall be 
responsible for custody of the NASA Impression Seal and custody of NASA 
replica (plaques) seals. The NASA Seal is restricted to the following:
    (1) NASA award certificates and medals.
    (2) NASA awards for career service.
    (3) Security credentials and employee identification cards.

[[Page 71831]]

    (4) NASA Administrator's documents; the Seal may be used on 
documents such as interagency or intergovernmental agreements and 
special reports to the President and Congress, and on other documents, 
at the discretion of the NASA Administrator.
    (5) Plaques; the design of the NASA Seal may be incorporated in 
plaques for display in Agency auditoriums, presentation rooms, lobbies, 
offices of senior officials, and on the fronts of buildings occupied by 
NASA. A separate NASA seal in the form of a 15-inch, round, bronze-
colored plaque on a walnut-colored wood base is also available, but 
prohibited for use in the above representational manner. It is 
restricted to use only as a presentation item by the Administrator and 
the Deputy Administrator.
    (6) The NASA Flag and the NASA Administrator's, Deputy 
Administrator's, and Associate Administrator's Flags, which incorporate 
the design of the Seal.
    (7) NASA prestige publications which represent the achievements or 
missions of NASA as a whole.
    (8) Publications (or documents) involving participation by another 
Government agency for which the other Government agency has authorized 
the use of its seal.
    (b) Use of the NASA Seal for any purpose other than as prescribed 
in this section is prohibited, except that the Associate Administrator 
for Communications may authorize, on a case-by-case basis, the use of 
the NASA Seal for purposes other than those prescribed when the 
Associate Administrator for Communications deems such use to be 
appropriate.

0
8. In Sec.  1221.110, revise paragraph (c)(4) to read as follows:


Sec.  1221.110  Use of the NASA Insignia.

* * * * *
    (c) * * *
    (4) Items bearing the NASA Insignia and NASA Logotype such as 
souvenirs, novelties, toys, models, clothing, and similar items 
(including items for sale through the NASA employees' nonappropriated 
fund activities) may be manufactured and sold only after the a request 
has been submitted to, and approved by, the NASA Office for 
Communications, NASA Headquarters, Washington, DC 20546.

0
9. Revise Sec.  1221.111 to read as follows:


Sec.  1221.111  Use of the NASA Logotype.

    The NASA Logotype which was retired from 1992-2020 can be used only 
in an authentic historical context, on merchandise in accordance with 
Sec.  1221.110, paragraph (c), in the NASA graphics standards/style 
guide or with prior written approval of the NASA Administrator.

0
10. Revise Sec.  1221.112(a) to read as follows:


Sec.  1221.112  Use of the NASA Program Identifiers.

    (a) Official NASA Program Identifiers will be restricted to the 
uses set forth in this section and to such other uses as the Associate 
Administrator for Communications may specifically approve.
* * * * *

0
11. Revise Sec.  1221.113(b), to read as follows:


Sec.  1221.113  Use of the NASA Flags.

* * * * *
    (b) The NASA Administrator's, Deputy Administrator's and Associate 
Administrator's Flags shall be displayed with the United States Flag in 
the respective offices of these officials but may be temporarily 
removed for use at the discretion of the officials concerned.

0
12. Revise Sec.  1221.114(a) to read as follows:


Sec.  1221.114  Approval of new or change proposals.

    (a) Except for NASA Astronaut Mission Crew Badges/Patches, any 
proposal to change or modify the emblematic devices set forth in this 
subpart or to introduce a new emblematic device other than as 
prescribed in this subpart requires the written approval of the NASA 
Administrator with prior approval and recommendation of the NASA 
Associate Administrator for Communications.
* * * * *

Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2020-23481 Filed 11-10-20; 8:45 am]
BILLING CODE 7510-13-P