[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60619-60620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23649]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 /
Rules and Regulations
[[Page 60619]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1204
[Docket No. NASA-2012-0004]
RIN 2700-AD78
Removal of Obsolete Regulation: Use of the Centennial of Flight
Commission Name
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
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SUMMARY: This direct final rule makes nonsubstantive changes by
removing a regulation that is obsolete and no longer used. The revision
to this rule are part of NASA's retrospective plan under Executive
Order (EO) 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/open/.
DATES: This direct final rule is effective on December 3, 2012.
Comments due on or before November 5, 2012. 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-AD78 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: Nanette Jennings, 202-358-0819.
SUPPLEMENTARY INFORMATION:
Direct Final Rule Adverse Comments
NASA has determined this rulemaking meets the criteria for a direct
final rule because it involves nonsubstantive changes to remove
sections from the Code of Federal Regulations that are obsolete and no
longer used. 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.
Background
On January 18, 2011, President Obama signed EO 13563, Improving
Regulations and Regulatory Review, directing agencies to develop a plan
for a retrospective analysis of existing regulations. NASA developed
its plan and published it on the Agency's open Government Web site at
http://www.nasa.gov/open/. The Agency conducted an analysis of its
existing regulations to comply with the Order and determined that
section 1204. 506 entitled ``Delegation of Authority to License the Use
of the Centennial of Flight Commission Name.''
Section 506, Delegation of Authority to License the Use of the
Centennial of Flight Commission Name--The Centennial of Flight
Commemoration Act of 1999 (the Act), Public Law 105-389, as amended by
Public Law 106-68, was issued to establish the U.S. Centennial Flight
Commission to assist in commemoration of the centennial of powered
flight and the achievements of the Wright brothers' first powered
flight at Kill Devil Hills, North Carolina, and to serve as a national
and international source for activities commemorating this historic
event. The Wright brothers, Orville and Wilbur, were two Americans
credited with inventing and building the world's first successful
airplane and making the first controlled, powered and sustained
heavier-than-air human flight on December 17, 1903. Therefore, to plan
for these commemorative activities, the Act authorized the NASA
Administrator use of the Centennial of Flight Commission's name on any
logo, emblem, seal, or descriptive or designating mark, after
consultation with the Commission, in connection with the commemoration
of the centennial of powered flight. Section 506 was promulgated to
delegate the authority of the NASA Administrator to the Assistant
Administrator for Public Affairs, without authority for further
delegation. With this authority, NASA used the Centennial of Flight
Commission's name on its exhibits, educational, historical and
experimental programs and materials to support a year-long
commemoration that started in December 2002. NASA's recognition of the
Centennial ended December 17, 2003. Therefore, this section is no
longer needed.
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). EO 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 EO 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
[[Page 60620]]
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 EO 13132
EO 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 EO. Therefore, no Federalism assessment is required.
List of Subjects in 14 CFR Part 1204
Authority delegations.
Accordingly, under the authority of the National Aeronautics and
Space Act, as amended, NASA amends 14 CFR part 1204 as follows:
PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY
0
1. The authority citation for part 1204 subpart 500 is revised to read
as follows:
Authority: 51 U.S.C. 20113.
Sec. 1204.506 [Removed and Reserved]
0
2. Remove and reserve Sec. 1204.506.
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2012-23649 Filed 10-3-12; 8:45 am]
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