[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Rules and Regulations]
[Pages 54902-54904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21784]
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1204
[Docket Number--2014-0009]
RIN 2700-AE10
NASA Protective Services Enforcement
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NASA is amending its regulations by adding a subpart for
traffic enforcement regulations, authorities, and procedures at all
NASA Centers and component facilities. Changes are being made to align
this part with NASA objectives in the protection of its people and
property. Establishing a traffic safety program is essential for the
protection and security of NASA bases, stations, facilities
laboratories and of its aircraft, spacecraft, missiles and similar
vehicles and of its real and personal property, including property in
the custody of NASA contractors and subcontractors.
DATES: Effective Date: September 15, 2014.
FOR FURTHER INFORMATION CONTACT: Charles Lombard, 202-358-0891,
charles.e.lombard.nasa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
NASA published a proposed rule in the Federal Register at 79 FR
37252 on July 1, 2014, to amend its regulations by adding a subpart to
establish traffic enforcement regulations, authorities, and procedures
at all NASA Centers and component facilities. Amendments to this rule
aligns Part 1204 with NASA objectives in the protection of its people
and property. The proposed rule published on July 1, 2014. No
respondents submitted comments on the proposed rule. The revisions to
this rule are part of NASA's retrospective plan under EO 13563
completed in August 2011.
II. Regulatory Analysis Section
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. This rule would not
have a significant economic impact on a substantial number of small
entities because this rule only pertains to NASA employees.
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if the
regulation is necessary, to select the regulatory approach that
maximizes net benefits. This rule is not a significant regulatory
action under section 3(f) of Executive Order 12866, Regulatory Planning
and Review, because this rule relates solely to the internal operations
of NASA. Therefore, the Office of Management and Budget did not review
this rule.
[[Page 54903]]
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
to this rule because it does not contain any information collection
requirement that requires approval of the Office of Management and
Budget.
Small Business Regulatory Enforcement Fairness Act
This rule relates to agency management or personnel, and therefore
the Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.) does not cover the rule.
Executive Order 13132, Federalism
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, Federalism, NASA has determined that the rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Unfunded Mandates Reform Act
For the purposes of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. chapter 25, subchapter II), this rule would not significantly or
uniquely affect small governments and would not result in increased
expenditures by State, local, and tribal governments, or by the private
sector, of $100 million or more (as adjusted for inflation) in any one
year.
List of Subjects in 14 CFR Part 1204
Federal buildings and facilities, Security measures.
Accordingly, under the authority of the National Aeronautics and
Space Act, as amended, (51 U.S.C. 20113), 5 U.S.C. 301, and 18 U.S.C.
799, NASA amends 14 CFR part 1204 as follows:
PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY
0
1. Add subpart 11 to read as follows:
Subpart 11--Enforcing Traffic Laws at NASA Centers and Component
Facilities
Sec.
1204.1100 Scope of subpart.
1204.1101 Policy.
1204.1102 Responsibilities.
1204.1103 Procedures.
1204.1104 Violations.
Subpart 11--Enforcing Traffic Laws at NASA Centers and Component
Facilities
Authority: The National and Commercial Space Program 51 U.S.C.
20132 and 20133 et seq; 5 U.S.C. 301, and 18 U.S.C. 799 (2014).
Sec. 1204.1100 Scope of subpart.
This subpart establishes policies pursuant to the requirements of
National and Commercial Space Programs (51 U.S.C. 20132) authorizing
the NASA Administrator to establish such security requirements,
restrictions and safeguards as he deems necessary in the interest of
national security, under 5 U.S.C. 301, ``Housekeeping statute,'' and 18
U.S.C. 799, making it criminal to violate published NASA regulations.
The provisions of this subpart apply to all NASA installations,
including NASA Headquarters, NASA Centers, and component facilities.
NASA installations refers to all NASA-owned, controlled, or leased
property, with exclusive or concurrent Federal jurisdiction, including
non-contiguous or unfenced areas and including areas otherwise open to
the public at large. These provisions are also applicable to all
persons who operate or control a motor vehicle, or otherwise use the
streets of a NASA installation, over which the United States exercises
exclusive or concurrent legislative jurisdiction.
Sec. 1204.1101 Policy.
(a) It is NASA policy that an effective, standardized, and
comprehensive traffic safety program be established and maintained at
all NASA Centers, and component facilities, as prescribed in NASA
Procedural Requirement (NPR) 8715.C, NASA General Safety Program
Requirements. A traffic safety program is essential for the protection
and security of NASA laboratories, stations, base, or other facilities,
and for the protection of any of its aircraft, missiles, spacecraft, or
similar vehicles, or part thereof, and/or of any property or equipment
in the custody of any contractor, subcontractor, or the Administration.
(b) To ensure a safe and secure workplace and to provide better for
preservation of life and property, all persons on a NASA Center or
component facility shall comply with the vehicular and pedestrian
traffic requirements of the installation per this Subpart, and the laws
of the state in which the installation is located.
(c) Vehicular and pedestrian traffic. (1) Drivers of all vehicles
in or on NASA-owned, controlled or leased property shall be in
possession of a current and valid state or territory issued driver's
license and vehicle registration, and the vehicle shall display all
current and valid tags and licenses required by the jurisdiction in
which it is registered.
(2) Drivers who have had their privilege or license to drive
suspended or revoked by any state or territory shall not drive any
vehicle in or on property during such period of suspension or
revocation.
(3) Drivers of all vehicles in or on property shall drive in a
careful and safe manner at all times and shall comply with the signals
and directions of security force personnel, other authorized
individuals, and all posted traffic signs, including speed limits.
(4) The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants in or on property is prohibited.
(5) Parking without authority, parking in unauthorized locations or
in locations reserved for other persons, parking continuously in excess
of 18 hours without permission, or contrary to the direction of posted
signs is prohibited. This section may be supplemented by the Center
Director or installation officer in charge from time to time by the
issuance and posting of specific traffic directives. When so issued and
posted, such directives shall have the same force and effect as if made
a part hereof.
(d) Center Directors are hereby delegated authority to determine if
their respective Centers require the authority and ability to issue
traffic and parking citations, which if implemented, must be in
accordance with this Subpart. Should no traffic and parking citation
authority and ability be necessary, the Center Director concerned will
make a report of same to the Administrator via Associate Administrator
for Protective Services. Prior to the effective date of Centers
implementing, Centers and Headquarters Operations should transmit their
proposed regulations to NASA Office of Protective Services for review
and concurrence.
(e) Consistent with arrangements with Federal authorities as each
Center and Headquarters may make, violators of such regulations may be
issued a District Court Violation Notices for offenses by security
officers, including contractor guards. In accordance with this
regulation, Centers are authorized to make liaison and such
arrangements for appropriate enforcement programs with the cognizant
Office(s) of the United States Attorney. Additional information on
processing violation notices and liaison necessary is available at:
http://www.cvb.uscourts.gov/.
(f) A copy of this subpart shall be posted in an appropriate place
at each NASA Center or component facility.
[[Page 54904]]
Sec. 1204.1102 Responsibilities.
(a) The Center Directors of NASA installations and the Executive
Director for Headquarters Operations over which the United States has
exclusive or concurrent legislative jurisdiction, and consistent with
the foregoing, are delegated the authority to establish additional
vehicular and pedestrian traffic rules and regulations for their
installations.
(b) All persons on a NASA Center or component facility are
responsible for compliance with locally established vehicular and
pedestrian traffic rules and regulations.
Sec. 1204.1103 Procedures.
The Center Directors and the Executive Director for Headquarters
Operations shall issue local policies and procedural requirements,
subject to prior NASA Office of Protective Services approval, which
will implement this regulation for their respective NASA Centers and
component facilities.
Sec. 1204.1104 Violations.
A person found in violation, on a NASA installation, of any
vehicular or pedestrian traffic law, or local installation vehicular or
pedestrian traffic rule or regulation made applicable to the
installation under the provisions of this subpart, is subject to
punishment as provided for by 18 U.S.C. 799 (violation of regulations
of NASA).
Nanette Jennings,
NASA Federal Register Liaison Officer.
[FR Doc. 2014-21784 Filed 9-12-14; 8:45 am]
BILLING CODE 7510-13-P