[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Rules and Regulations]
[Pages 7391-7392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02591]



[[Page 7391]]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1214

[Docket Number: 2014-0002]
RIN 2700-AD87


Space Flight Mission Critical Systems Personnel Reliability 
Program: Removal of Obsolete 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removing a regulation that is obsolete and no longer used.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.

DATES: This direct final rule is effective on April 8, 2014. Comments 
due on or before March 10, 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-AD87 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.
    NASA's full plan can be accessed on the Agency's open Government 
Web site at http://www.nasa.gov/open/.

FOR FURTHER INFORMATION CONTACT: Nanette Jennings, 202-358-0819.

SUPPLEMENTARY INFORMATION:

Direct Final Rule Adverse Comments

    NASA has determined that 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 
subpart 1214.5 of part 1214, entitled ``Space Flight Mission Critical 
Systems Personnel Reliability Program'' is obsolete and no longer used.
    Subpart 1214.5 of part 1214, Space Flight Mission Critical Systems 
Personnel Reliability Program, was promulgated December 28, 1990 [55 FR 
53289] to ensure that employees assigned to mission-critical positions 
meet established screening requirements which was in response to the 
Carter Administration's determination that the Space Shuttle was a 
critical national resource and that employees assigned to critical 
positions that affected the safety of space flight meet the highest 
standards of integrity and reliability.
    In accordance with Title 51--National and Commercial Space 
Programs, Subtitle II, Chapter 201, Subchapter III--Sec. 20132--
Security Requirements, the Administrator established security 
requirements, restrictions, and safeguards as deemed necessary in the 
interest of the national security. The Administrator also arranged with 
the Director of the Office of Personnel Management for the conduct of 
such security or other personnel investigations of the Administration's 
officers, employees, and consultants, and its contractors and 
subcontractors and their officers and employees, actual or prospective, 
as the Administrator deems appropriate. NASA implemented Homeland 
Security Policy Directive (HSPD)-12, Policy for a Common Identification 
Standard for Federal Employees and Contractors, issued August 27, 2004, 
to meet this requirement.
    In addition, as required by 14 CFR 1203a.100 and 1203a.103, to 
insure the uninterrupted and successful accomplishment of the NASA 
mission, certain designated security areas have been established and 
maintained by NASA Centers and Component Facilities in order to provide 
appropriate and adequate protection for facilities, property, or 
classified/proprietary information and material in the possession of 
NASA or NASA contractors located at NASA Centers and Component 
Facilities. Only those NASA employees, NASA contractor employees, and 
visitors who have a need for such access and who meet the criteria may 
enter these areas.
    NASA Center Directors, including Component Facilities and Technical 
and Service Support Centers, and the Executive Director for 
Headquarters Operations, NASA Headquarters, may rescind previously 
granted authorizations to enter a security area when an individual's 
access is no longer required, threatens the security of the property, 
or is disruptive of Government operations.
    NASA believes that these regulations provide adequate governance 
over the Agency's activities for screening and conducting background 
checks on employees assigned to critical positions.
    The Federal Acquisition Regulation, 48 CFR Part 4, Subpart 4.13--
Personal Identity Verification, requires contractors to comply with 
agency personal identity verification procedures identified in the 
contract that implement Homeland Security Presidential Directive-12 
(HSPD-12) and Office of Management and Budget (OMB) guidance M-05-24.
    NASA conducted a survey across all of its Centers, as well as 
formed a working group with representatives from NASA's Offices of 
Safety and Mission Assurance, Protective Services, Human Capital 
Management, Procurement, Chief Health and Medical Officer, and General 
Counsel who determined that the regulation is obsolete and no longer 
used.

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

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(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. 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 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 Part 1214

    Safety, security.

    For reasons set forth in the preamble, NASA amends 14 CFR part 1214 
as follows:

PART 1214--SPACE FLIGHT

0
1. The authority citation for part 1214 is revised to read as follows:

    Authority: 51 U.S.C. 20113.

Subpart 1214.5 [Removed and Reserved]

0
2. Subpart 1214.5, consisting of Sec. Sec.  1214.500 through 1214.505, 
is removed and reserved.

Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2014-02591 Filed 2-6-14; 8:45 am]
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