[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Rules and Regulations]
[Pages 76057-76059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29475]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Parts 1204, 1230, and 1232

[Docket Number: NASA 2013-0004]
RIN 2700-AE11


Removal of Redundant Regulations

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes nonsubstantive changes by 
removing redundant regulatory language that is already captured in 
statues that govern NASA activities related to delegation of authority 
of certain civil rights functions, protection of human subjects, and 
care and use of animals in the conduct of NASA activities. Therefore, 
NASA regulations will be streamlined to make reference to those 
statutes.

DATES: This direct final rule is effective on February 14, 2014. 
Comments are due on or before January 15, 2014. 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-AE11 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 
redundant regulatory language in 14 CFR 1204.508 and Parts 1230 and 
1232 that is already captured in statutes and regulations that govern 
NASA activities related to delegation of authority of certain civil 
rights functions, protection of human subjects, and care and use of 
animals in the conduct of NASA activities. Therefore, Section 1204.508 
and Parts 1230 and 1232 will be streamlined to make reference to the 
governing statutes and regulations. 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 Executive Order 13563, 
Improving Regulation 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. 508, Delegation of Authority of Certain 
Civil Rights Functions to Department of Health, Education, and Welfare, 
Part 1230, Protection of Human Subjects, and Part 1232, Care and Use of 
Animals in the Conduct of NASA Activities, are redundant to governing 
statutes and regulations, and therefore need to be streamlined.
    Section 1204.508, Delegation of Authority of Certain Civil Rights 
Functions to Department of Health, Education, and Welfare--The Civil 
Rights Act of 1964 (Pub. L. 88-352) prohibited discrimination in a host 
of areas, including employment and Federally-assisted programs and 
activities. To comply with this Act, NASA promulgated section 1204.508 
[32 FR 3883] on March 9, 1967. Additionally, to implement the 
provisions of this Act, the Agency promulgated internal policies and 
requirements, as well as entered into a memorandum of understanding 
(MOU) with the Department of Education (DOED) on November 12, 1987. 
Because

[[Page 76058]]

Section 1204.508 is redundant to the Act and the Act alone sufficiently 
governs NASA activities related to delegation of authority of certain 
civil rights functions, Section 1204.508 will be streamlined to make 
reference to this Act, as well as NASA internal policies and 
requirements and the MOU with the DOED.
    Part 1230, Protection of Human Subjects--45 CFR Part 46, Protection 
of Human Subjects, applies to all research involving human subjects 
conducted, supported, or otherwise subject to regulation by any Federal 
department or agency which takes appropriate administrative action to 
make the policy applicable to such research. To comply with Part 46, 
NASA promulgated Part 1230 [56 FR 28012] on June 18, 1991. 
Additionally, to implement the provisions of Part 46, the Agency 
promulgated internal policies and requirements. Because Part 1230 is 
redundant to (couldn't get the below line to move up) Part 46 and this 
regulation alone sufficiently governs NASA activities related to human 
research subjects, Part 1230 will be streamlined to make reference to 
Part 46, as well as NASA's internal policies and requirements.
    Part 1232, Care and Use of Animals in the Conduct of NASA 
Activities--The Animal Welfare Act of 1966 (Pub. L. 89-544) requires 
that minimum standards of care and treatment be provided for certain 
animals bred for use in research. To comply with this Act, NASA 
promulgated Part 1232 [54 FR 35870] on August 30, 1989. Additionally, 
to implement the provision of this Act, the Agency promulgated internal 
policies and requirements. Because Part 1232 is redundant to this Act 
and the Act alone sufficiently governs NASA activities related to care 
and use of animals, Part 1232 will be streamlined to make reference to 
this Act, as well as NASA's internal policies and requirements.

Statutory Authority

    The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 
20113 (a), authorizes the Administrator of the National Aeronautics and 
Space Administration (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, Improving 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). Executive 
Order 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 Executive Order 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. 605). This rule removes redundant 
regulatory language in one section and two parts 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 Executive Order of 13132

    Executive Order 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 Executive Order. Therefore, no 
Federalism assessment is required.

List of Subjects in 14 CFR Parts 1204, 1230, and 1232

    Federal buildings and facilities, human research subjects, animal 
welfare, and research.

    For reasons set forth in the preamble, NASA amends 14 CFR parts 
1204, 1230, and 1232 as follows:

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

0
1. The authority citation for part 1204, subpart 5 continues to read as 
follows:

    Authority: 51 U.S.C. 20113.


Sec.  1204.508  [Revised]

0
2. Revise Sec.  1204.508 as follows:


Sec.  1204.508  Delegation of authority of certain civil rights 
functions to Department of Education.

    It is the National Aeronautics and Space Administration's (NASA) 
policy to comply with the Civil Rights Act of 1964 (Pub. L. 88-352) 
that prohibits discrimination in a host of areas, including employment 
and Federally-assisted programs and activities. To implement the 
provisions of this Act, NASA promulgated the following internal 
policies and requirements, and entered into a memorandum of 
understanding (MOU) with the Department of Education to ensure 
compliance:
    (a) NASA Policy Directive (NPD) 2081.1, Nondiscrimination in 
Federally Assisted and Conducted Programs of NASA, describes the 
Agency's policy to ensure nondiscrimination in Federally-assisted and 
conducted programs of NASA, nondiscrimination in Federally-conducted 
education and training programs, and access for individuals with 
disabilities to Federal electronic and information technology. NPD 
2081.1 is accessible at http://nodis3.gsfc.nasa.gov/;
    (b) NASA Procedural Requirements (NPR) 2081.1, Nondiscrimination in 
Federally Assisted and Conducted Programs, describes the requirements 
for processing complaints of discrimination, conducting civil rights 
compliance reviews, and internal functional equal opportunity reviews. 
NPR 2081.1 is accessible at http://nodis3.gsfc.nasa.gov/; and
    (c) Memorandum of Understanding between NASA and the Department of 
Education delegates both the agencies as responsible for specific civil 
rights compliance duties with respect to elementary and secondary 
schools, and institutions of higher education. The MOU can be accessed 
at http://odeo.hq.nasa.gov/documents/DOEd-NASA_MOU.pdf.

[[Page 76059]]


0
3. Revise Part 1230 to read as follows:

PART 1230--PROTECTION OF HUMAN SUBJECTS

Sec.
1230.101 Scope.
1230.102 Applicability.
1230.103 Policy.

    Authority: 5 U.S.C. 301; 45 CFR part 46.


Sec.  1230.101  Scope.

    This Part establishes general policy for the protection of human 
subjects, which is of primary importance in the conduct of any human 
research, as specified under 5 U.S.C. 301; 45 CFR part 46, subpart A.


Sec.  1230.102  Applicability.

    This Part applies to NASA Headquarters and NASA Centers, including 
Component Facilities, and Technical and Service Support Centers for all 
research involving humans subjects conducted, supported, or otherwise 
subject to regulations by any Federal department or agency which takes 
appropriate administrative action to make the policy applicable to such 
research.


Sec.  1230.103  Policy.

    It is the National Aeronautics and Space Administration's (NASA) 
policy to comply with 45 CFR part 46, subpart A, Protection of Human 
Subjects, which applies to all research conducted involving human 
subjects. To implement the provisions of 45 part 46, subpart A, NASA 
promulgated the following internal policies and requirements:
    (a) NPD 7100.8, Protection of Human Research Subjects, describes 
the Agency's policy for human research conducted or supported, whether 
on the ground, in aircraft, or in space. NPD 7100.8 can be accessed at 
http://nodis3.gsfc.nasa.gov/; and
    (b) NPR 7100.1, Protection of Human Research Subjects, describes 
the requirements for the Agency to conduct or support research 
involving human subjects. NPR 7100.1 can be accessed at http://nodis3.gsfc.nasa.gov/.

0
4. Revise Part 1232 to read as follows:

PART 1232--CARE AND USE OF ANIMALS IN THE CONDUCT OF NASA 
ACTIVITIES

Sec.
1232.100 Scope.
1232.101 Applicability.
1232.102 Policy.

    Authority: 51 U.S.C. 20102, 51 U.S.C. 20113; Pub. L. 89-544, as 
amended; 7 U.S.C. 2131; 39 U.S.C. 3001; and Pub. L. 99-158, Sec. 
495.


Sec.  1232.100  Scope.

    This part establishes general policy for the care and use of 
vertebrate animals in the conduct of NASA activities.


Sec.  1232.101  Applicability.

    This part applies to NASA Headquarters and NASA Centers, including 
Component Facilities, and Technical and Service Support Centers and 
will be followed in all activities using animal subjects that are 
supported by NASA and conducted in NASA facilities, aircraft, or 
spacecraft, or activities, using animal subject conducted under a 
contract, grant, cooperative agreement, memorandum of understanding, or 
joint endeavor agreement entered into by NASA and another Government 
agency, private entity, non-Federal public entity, or foreign entity 
which are included within the scope of this part.


Sec.  1232.102  Policy.

    It is the National Aeronautics and Space Administration's (NASA) 
policy to comply with the Animal Welfare Act of 1966 (Pub. L. 89-544) 
which requires that minimum standards of care and treatment be provided 
for certain animals bred for use in research. To implement the 
provisions of this Act, NASA promulgated the following internal 
policies and requirements:
    (a) NASA Policy Directive (NPD) 8910.1, Care and Use of Animals, 
describes the policy and responsibilities for conducting activities 
involving vertebrate animals. NPD 8910.1 is accessible at http://nodis3.gsfc.nasa.gov/; and
    (b) NASA Procedural Requirements (NPR) 8910.1, Care and Use of 
Animals, delineates the responsibilities and implements requirements 
for the Agency's use of animals in research, testing, teaching, and 
hardware development activities. NPR 8910.1 is accessible is access at 
http://nodis3.gsfc.nasa.gov/.

Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2013-29475 Filed 12-13-13; 8:45 am]
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