[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Rules and Regulations]
[Pages 42870-42872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14042]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

[NASA Document No: NASA-23-054; NASA Docket No: NASA-2023-0003]
RIN 2700-AE70


Delegations and Designations

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: The National Aeronautics and Space Administration (NASA) is 
amending its delegations and designations rule to make nonsubstantive 
changes to correct citations and titles throughout and clarify 
regulatory text in specific sections.

DATES: This direct final rule is effective on September 5, 2023. 
Comments due on or before August 4, 2023. 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-AE70 and may be 
sent to NASA via the Federal E-Rulemaking Portal: https://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, 202-295-7589.

SUPPLEMENTARY INFORMATION:

Direct Final Rule and Significant Adverse Comments

    NASA has determined that this rulemaking meets the criteria for a 
direct final rule because it makes nonsubstantive changes to correct 
citations and titles and clarify regulatory text in specific sections. 
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 5 of part 1204, promulgated March 13, 1965 [30 FR 3378], 
established delegations and designations for NASA officials and other 
Government agencies acting on behalf of the Agency to carry out 
functions related to real estate and related matters, granting 
easements, leaseholds, permits, and licenses in real property, 
executing certificates of full faith and credit, and taking actions on 
liquidated damage. Sections 1204.501, 1204.503, and 1204.504 will be 
amended to correct citations and titles, and to clarify regulatory text 
in specific sections.

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 (E.O.) 12866, Regulatory Planning and Review and E.O. 
13563, Improvement Regulation and Regulation Review

    E.O.s 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 E.O. 12866.

Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to

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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 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

    Authority delegation.

    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

0
1. The authority citation for part 1204 continues to read as follows:

    Authority:  42 U.S.C. 2473(c)(5); 42 U.S.C. 2473b; Public Law 
101-507, the VA/HUD/Indep. Agencies Appropriation Act for FY 1991, 
at 104 Stat. 1380 (Nov. 5, 1990); and 15 U.S.C. 631-650.


Sec.  1204.501  [Amended]

0
2. Amend Sec.  1204.501 as follows:
0
a. In paragraph (a) introductory text, add the words ``the Office of'' 
before the word ``Strategic'' and remove the words ``Integrated 
Associate Management'' and add in their place the words ``Facilities 
and Real Estate.''
0
b. In paragraph (a)(2)(i), remove the word ``to'' before the words 
``sign declarations of taking.''
0
c. In paragraph (a)(2)(ii), add the text ``, in accordance with 
statutory authority'' after the word ``reimbursement.''
0
d. In paragraph (a)(2)(iv), add the words ``in or over real property 
owned or'' before the word ``controlled.''
0
e. In paragraph (a)(2)(v):
0
i. Remove the phrase ``NASA-controlled'' and add in its place the 
phrase ``NASA-owned or -controlled.''
0
ii. Remove the word ``Comptroller'' and add in its place the words 
``Office of the Chief Financial Officer.''

0
3. Revise Sec.  1204.503 to read as follows:


Sec.  1204.503  Delegation of authority to grant easements.

    (a) Scope. 40 U.S.C. 1314 authorizes executive agencies to grant, 
under certain conditions, the easements as the head of the agency 
determines will not be adverse to the interests of the United States 
and subject to the provisions as the head of the agency deems necessary 
to protect the interests of the United States.
    (b) Delegation of authority. The Assistant Administrator for the 
Office of Strategic Infrastructure and the Director, Facilities and 
Real Estate Division, are delegated authority to take actions in 
connection with the granting of easements.
    (c) Redelegation. (1) The Real Estate Branch Chief may, subject to 
the restrictions in paragraph (d) of this section, exercise the 
authority of the National Aeronautics and Space Act of 1958, as 
amended, and 40 U.S.C. 1314 to authorize or grant easements in, over, 
or upon real property of the United States administered by NASA upon 
compliance with statute including a determination that such 
authorization or grant will not be adverse to the interests of the 
United States.
    (2) The Real Estate Branch Chief may redelegate this authority to 
the appropriate warranted Real Estate Contracting Officer, in 
accordance with the requirements set forth in NASA Procedural 
Requirements (NPR) 8800.15, Real Estate Management Program.
    (d) Restrictions. Except as otherwise specifically provided, no 
such easement shall be authorized or granted under the authority stated 
in paragraph (c) of this section unless:
    (1) The appropriate Real Estate Contracting Officer determines:
    (i) That the interest in real property to be conveyed is not 
required for a NASA program.
    (ii) That the grantee's exercise of rights under the easement will 
not be adverse to the interests of the United States or interfere with 
NASA operations.
    (2) Monetary or other benefit, including any interest in real 
property, is received by the government as consideration for the 
granting of the easement.
    (3) The instrument granting the easement is on a form or template 
approved or directed to be used by the Real Estate Branch Chief, and 
provides at a minimum:
    (i) For the termination of the easement, in whole or in part, and 
without cost to the Government, if there has been:
    (A) A failure to comply with any term or condition of the easement;
    (B) A nonuse of the easement for a consecutive 2-year period for 
the purpose for which granted; or
    (C) An abandonment of the easement.
    (ii) That written notice of the termination shall be given to the 
grantee, or its successors or assigns, by the Assistant Administrator 
for the Office of Strategic Infrastructure or the Director, Facilities 
and Real Estate Division, and that termination shall be effective as of 
the date of the notice.
    (iii) That restoration provisions are provided for in the agreement 
that protect the interests of the United States and ensure the grantee 
is responsible for removal of any and all improvements in or on NASA 
real property.
    (iv) Such other reservations, exceptions, limitations, benefits, 
burdens, terms, or conditions as are set forth in the forms and 
templates for easements approved for NASA use by the Real Estate branch 
Chief.
    (e) Waivers. If, in connection with a proposed granting of an 
easement, the Real Estate Contracting Officer determines that a waiver 
from any of the restrictions in paragraph (d) of this section is 
appropriate, authority for the waiver may be requested from the 
Assistant Administrator for the Office of Strategic Infrastructure or 
the Director, Facilities Real Estate Division.
    (f) Services of the Corps of Engineers. In exercising the authority 
herein granted, the Real Estate Contracting Officer, under the 
applicable provisions of any cooperative agreement between NASA and the 
Corps of Engineers (in effect at that time), may:
    (1) Utilize the services of the Corps of Engineers, U.S. Army.
    (2) Delegate authority to the Corps of Engineers to execute, on 
behalf of NASA, grants of easements in real property, as authorized in 
this section, provided that the conditions set forth in paragraphs (d) 
and (e) of this section are complied with.
    (g) Distribution of documents. One copy of each document granting 
an easement interest under this authority, including instruments 
executed by the Corps of Engineers, will be filed in the

[[Page 42872]]

Central Depository for Real Property Documents at National Aeronautics 
and Space Administration, Office of Strategic Infrastructure, 
Facilities and Real Estate Division, Washington, DC 20546.

0
4. Revise Sec.  1204.504 to read as follows:


Sec.  1204.504  Delegation of authority to grant leaseholds, permits, 
and licenses in real property.

    (a) Delegation of authority. The National Aeronautics and Space 
Act, as amended, authorizes NASA to grant agreements for the use of 
NASA-owned and/or -controlled real property. This authority is 
delegated to the Assistant Administrator for the Office of Strategic 
Infrastructure and the Director, Facilities Real Estate Division.
    (b) Definition. Real Property refers to land, buildings, structures 
(including relocatable structures), air space, utility systems, 
improvements, and appurtenances annexed to land referred to as real 
property assets. For purposes of NASA use, the term real property also 
includes related personal property, also known as collateral equipment.
    (c) Redelegation. (1) The Real Estate Branch Chief may, subject to 
the restrictions in paragraph (d) of this section, grant a leasehold, 
permit, or license to any person or organization, including other 
Government agencies, a State, or political subdivision or agency 
thereof. This authority may not be exercised with respect to real 
property which is proposed for use by a NASA exchange and subject to 
the provisions of NASA Policy Directive 9050.6, NASA Exchange and 
Morale Support Activities.
    (2) The Real Estate Branch Chief may redelegate this authority to 
the appropriate warranted Real Estate Contracting Officer, in 
accordance with the requirements set forth in NPR 8800.15.
    (d) Restrictions. Except as otherwise specifically provided, no 
leasehold, permit, or license shall be granted under the authority 
stated in paragraph (c) of this section unless:
    (1) The Real Estate Contracting Officer determines:
    (i) That the interest or rights to be granted are not required for 
a NASA program.
    (ii) That the interests or rights to be granted will not be adverse 
to the interests of the United States nor interfere with NASA 
operations.
    (2) That, in the case of leaseholds fair market value monetary 
consideration is received by NASA.
    (3) The instrument granting the leasehold, permit, or license in 
real property is on a form or template approved by or directed to be 
used by the Real Estate Branch Chief, and provides, at a minimum:
    (i) For unilateral termination by NASA in the event of:
    (A) Default by the grantee; or
    (B) Abandonment of the property by the grantee; or
    (C) Force majeure circumstances including a determination by 
Congress, the President, or the NASA Administrator that the interest of 
the national space program, the national defense, or the public welfare 
require the termination of the interest granted, with a suitable notice 
provided to the grantee.
    (ii) A liability waiver, indemnification requirements, 
environmental requirements, and insurance provisions as needed to 
suitably protect the United States from damages arising from the 
grantee's use of NASA real property.
    (iii) That restoration provisions are provided for in the agreement 
that protect the interests of the United States and ensure the grantee 
is responsible for removal of any and all improvements in or on NASA 
real property.
    (iv) Such other reservations, exceptions, limitations, benefits, 
burdens, terms, or conditions as are set forth in the forms and 
templates for leaseholds, permits, and licenses in real property 
approved by and directed for use by the Real Estate Branch Chief.
    (e) Waivers. If, in connection with a proposed grant, the Real 
Estate Contracting Officer determines that a waiver from any of the 
restrictions set forth in paragraph (d) of this section is appropriate, 
a request may be submitted to the Associate Administrator for the 
Office of Strategic Infrastructure or the Director, Facilities Real 
Estate Division.
    (f) Distribution of documents. One copy of each document granting 
an interest in real property will be filed in the Central Depository 
for Real Property Documents at: National Aeronautics and Space 
Administration, Office of Strategic Infrastructure, Washington, DC 
20546.

Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2023-14042 Filed 7-3-23; 8:45 am]
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