[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60619-60620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23649]



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Rules and Regulations
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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removing a regulation that is obsolete and no longer used.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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