[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50624-50625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19508]



[[Page 50624]]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

[Document Number NASA-21-052; Docket Number-NASA-2021-0004]
RIN 2700-AE53


Use of NASA Airfield Facilities by Aircraft Not Operated for the 
Benefit of the Federal Government

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes non-substantive changes to update 
the list of available airport facilities.

DATES: This direct final rule is effective on November 9, 2021. 
Comments due on or before October 12, 2021. If adverse comments are 
received, NASA will publish a timely withdrawal of the rule in the 
Federal Register.

ADDRESSES: Comments must be identified with RINs 2700-AE53 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: Daniela Cruzado, 202-358-1173.

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 non-substantive changes to provide updated 
available NASA airfield facilities. 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 notification 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 14 of part 1204, promulgated July 29, 1991 [56 FR 35812], 
establishes the responsibilities, conditions, and procedures for the 
use of NASA airfield facilities by aircrafts not operated for the 
benefit of the Federal Government. Sections 1204.1401, 1204.1403, 
1204.1404, and 1204.1405 will be amended to update the list of 
available NASA airfield facilities.

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 (E.O.) 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 removes one section from 
title 14 of the CFR 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 to 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 1204

    Administrative practice and procedure, Airports, Authority 
delegations (Government agencies), Federal buildings and facilities, 
Government contracts, Government procurement, Intergovernmental 
relations, Security measures, Small businesses.

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

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

Subpart 14--Use of NASA Airfield Facilities by Aircraft Not 
Operated for the Benefit of the Federal Government

0
1. This authority citation for part 1204, subpart 14, continues to read 
as follows:

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


0
2. Amend Sec.  1204.1401 by:
0
a. Removing and reserving paragraphs (a)(1), (3), and (4);
0
b. Redesignating paragraphs (b) through (g) as paragraph (c) through 
(h); and
0
c. Adding new paragraph (b).
    The addition reads as follows:


Sec.  1204.1401  Definitions.

* * * * *
    (b) NASA owned but non-NASA operated airfield facility. Those 
aeronautical facilities owned by NASA but not operated by NASA that 
consist of the following:
    (1) Shuttle Landing Facility (SLF). The aeronautical facility which 
is a part of the John F. Kennedy Space Center (KSC), Kennedy Space 
Center, Florida, and is located at 80[deg]41' west longitude and 
28[deg]37' north latitude.
    (2) Moffett Federal Airfield (MFA). The aeronautical facility which 
is part of the Ames Research Center, Moffett Field, California, and is 
located at 122[deg]03' west longitude and 37[deg]25' north latitude.
* * * * *

0
3. Amend Sec.  1204.1403 by:
0
a. Removing and reserving paragraphs (a), (c), and (d); and

[[Page 50625]]

0
b. Revising paragraphs (e) and (f).
    The revisions read as follows:


Sec.  1204.1403   Available airport facilities.

* * * * *
    (e) NASA owned but non-NASA operated airfields. (1) Shuttle Landing 
Facility (SLF) may be made available on an individual emergency basis 
to a user with prior permission from the airfield operator.
    (2) Moffett Federal Airfield (MFA) may be made available on an 
individual emergency basis to a user with prior permission from the 
airfield operator.
    (3) No facilities or services other than those described in this 
section are available except on an individual prior permission or 
emergency basis to any user.
    (f) Status of facilities. Changes to the status of the KSC, WFF, 
and MFA facilities will be published in appropriate current FAA or 
Department of Defense (DOD) aeronautical publications.


Sec.  1204.1404  [Amended]

0
4. Amend Sec.  1204.1404 by removing and reserving paragraphs (a)(1) 
and (3).


0
5. Amend Sec.  1204.1405 by revising paragraph (c) to read as follows:


Sec.  1204.1405  Approving authority.

* * * * *
    (c) Moffett Federal Airfield. Chief, Airfield Management Office, 
Ames Research Center, NASA.

Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2021-19508 Filed 9-9-21; 8:45 am]
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