Release of Information to News and Information Media, 49989-49992 [E6-13980]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
Authority: 49 U.S.C. 106(g); 40113, and
44701; 14 CFR 21.16 and 21.101; and 14 CFR
11.38 and 11.19.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for the Learjet Model
23 series airplanes modified by Avcon
Industries, Inc.
1. Protection from Unwanted Effects
of High-Intensity Radiated Fields
(HIRF). Each electrical and electronic
system that performs critical functions
must be designed and installed to
ensure that the operation and
operational capability of these systems
to perform critical functions are not
adversely affected when the airplane is
exposed to high-intensity radiated
fields.
2. For the purpose of these special
conditions, the following definition
applies:
Critical Functions: Functions whose
failure would contribute to or cause a
failure condition that would prevent the
continued safe flight and landing of the
airplane.
Issued in Kansas City, Missouri on August
17, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–13995 Filed 8–23–06; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Part 1213
Notice: (06–060)
RIN 2700–AD25
Release of Information to News and
Information Media
rmajette on PROD1PC67 with RULES1
Effective Date: August 24, 2006.
R.
Andrew Falcon, Associate General
Counsel, General Law Practice Group,
Office of the General Counsel, NASA
VerDate Aug<31>2005
15:14 Aug 23, 2006
Jkt 208001
PART 1213—RELEASE OF
INFORMATION TO NEWS AND
INFORMATION MEDIA
Sec.
1213.100 Scope.
1213.101 Applicability.
1213.102 Policy.
1213.103 Responsibilities.
1213.104 Public information coordination
and concurrence.
1213.105 Interviews.
1213.106 Preventing release of classified
information to the media.
1213.107 Preventing unauthorized release
of sensitive but unclassified (SBU)
information/material to the news media.
1213.108 Multimedia materials.
1213.109 News releases concerning
international activities.
§ 1213.100
SUMMARY: The National Aeronautics and
Space Administration (NASA) is
amending NASA regulations on release
of information to news and information
media. These amendments will
establish NASA policy, responsibility,
and procedure for providing
information to news media on NASA
activities.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 14 CFR Part 1213
Administrative practice and
procedure, News media.
I For the reasons set out in the
preamble, NASA revises part 1213 of
title 14 of the Code of Federal
Regulations to read as follows:
Authority: 42 U.S.C. 2473(a)(3).
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
DATES:
Headquarters, telephone (202) 358–
2465, fax (202) 358–4355.
SUPPLEMENTARY INFORMATION: These
amendments set forth procedures for
internal review of public information,
updates the designations of officials
responsible for the accuracy of
information contained in press releases
and other forms of public information,
and provides guidance to employees on
authorities governing the release of
information. Since this action concerns
matters of internal Agency organization,
practice, and procedure, no public
comment period is required, and this
rule becomes effective on the date of
publication. This rule is not subject to
the Regulatory Flexibility Act (5 U.S.C.
chapter 6) since it will not have a
significant impact on a substantial
number of small entities. Finally, this
rule is not a major Federal action as
defined in Executive Order 12866.
Scope.
This part sets forth policy governing
the release of public information, which
is defined as information in any form
provided to news and information
media, especially information that has
the potential to generate significant
media or public interest or inquiry.
Examples include, but are not limited
to, press releases, media advisories,
news features, and Web postings. Not
included under this definition are
scientific and technical reports, Web
postings designed for technical or
scientific interchange, and technical
information presented at professional
meetings or in professional journals.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
§ 1213.101
49989
Applicability.
(a) This policy applies to NASA
Headquarters, NASA Centers, and
Component Facilities.
(b) In the event of any conflict
between this policy and any other
NASA policy, directive, or regulation,
this policy shall govern and supersede
any previous issuance or directive.
(c) The requirements of this part do
not apply to the Office of Inspector
General regarding its activities.
§ 1213.102
Policy.
(a) NASA, a scientific and technical
Agency, is committed to a culture of
openness with the media and public
that values the free exchange of ideas,
data, and information as part of
scientific and technical inquiry.
Scientific and technical information
from or about Agency programs and
projects will be accurate and unfiltered.
(b) Consistent with NASA statutory
responsibility, NASA will ‘‘provide for
the widest practicable and appropriate
dissemination of information
concerning its activities and the results
thereof.’’ Release of public information
concerning NASA activities and the
results of NASA activities will be made
in a timely, equitable, accurate, and
complete manner.
(c) To ensure timely release of
information, NASA will endeavor to
ensure cooperation and coordination
among the Agency’s scientific,
engineering, and public affairs
communities.
(d) In keeping with the desire for a
culture of openness, NASA employees
may, consistent with this policy, speak
to the press and the public about their
work.
(e) This policy does not authorize or
require disclosure of information that is
exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552) or otherwise restricted by statute,
regulation, Executive Order, or other
Executive Branch policy or NASA
policy (e.g., OMB Circulars, NASA
Policy Directives). Examples of
information not releasable under this
policy include, without limitation,
information that is, or is marked as,
classified information, procurement
sensitive information, information
subject to the Privacy Act, other
sensitive but unclassified information,
and information subject to privilege,
such as pre-decisional information or
attorney-client communications.
§ 1213.103
Responsibilities.
(a) The Assistant Administrator for
Public Affairs is responsible for
developing and administering an
integrated Agency-wide
E:\FR\FM\24AUR1.SGM
24AUR1
rmajette on PROD1PC67 with RULES1
49990
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
communications program, establishing
Agency public affairs policies and
priorities, and coordinating and
reviewing the performance of all Agency
public affairs activities. The Assistant
Administrator will develop criteria to
identify which news releases and other
types of public information will be
issued nationwide by NASA
Headquarters. Decisions to release
public information nationwide by
NASA Headquarters will be made by the
Assistant Administrator for Public
Affairs or his/her designee.
(b) NASA’s Mission Directorate
Associate Administrators and Mission
Support Office heads have ultimate
responsibility for the technical,
scientific, and programmatic accuracy of
all information that is related to their
respective programs and released by
NASA.
(c) Under the direction of the
Assistant Administrator for Public
Affairs, Public Affairs Officers assigned
to Mission Directorates are responsible
for the timely and efficient coordination
of public information covering their
respective programs. This coordination
includes review by appropriate Mission
Directorate officials. It also includes
editing by public affairs staff to ensure
that public information products are
well written and appropriate for the
intended audience. However, such
editing shall not change scientific or
technical data or the meaning of
programmatic content.
(d) Center Public Affairs Directors are
responsible for implementing their
portion of the Agency’s communications
program, adhering to Agency policies,
procedures, and priorities, and
coordinating their activities with
Headquarters (and others where
appropriate). They are responsible for
the quality of public information
prepared by Center Public Affairs
Officers. They also are responsible for
the day-to-day production of public
information covering their respective
Center activities, which includes
obtaining the necessary Center
concurrences and coordinating, as
necessary, with the appropriate
Headquarters Public Affairs Officers.
(e) Center Directors have ultimate
responsibility for the accuracy of public
information that does not require the
concurrence of Headquarters. See
§ 1213.104(d).
(f) All NASA employees are required
to coordinate, in a timely manner, with
the appropriate Public Affairs Officers
prior to releasing information that has
the potential to generate significant
media or public interest or inquiry.
(g) All NASA Public Affairs Officers
are required to notify the appropriate
VerDate Aug<31>2005
15:14 Aug 23, 2006
Jkt 208001
Headquarters Public Affairs Officers, in
a timely manner, about activities or
events that have the potential to
generate significant media or public
interest or inquiry.
(h) All NASA public affairs
employees are expected to adhere to the
following code of conduct:
(1) Be honest and accurate in all
communications.
(2) Honor publication embargoes.
(3) Respond promptly to media
requests, and respect media deadlines.
(4) Act promptly to notify the public
of, and correct, erroneous information,
either internally or externally.
(5) Promote the free flow of scientific
and technical information.
(6) Protect non-public information.
(i) All NASA employees are
responsible for adhering to plans
(including schedules) for activities
established by public affairs offices and
senior management for the coordinated
release of public information.
(j) All NASA-funded missions will
have a public affairs plan, approved by
the Assistant Administrator for Public
Affairs, which will be managed by
Headquarters and/or a designated NASA
Center.
(k) Public affairs activities for NASAfunded missions will not be managed by
non-NASA institutions, unless
authorized by the Assistant
Administrator for Public Affairs.
§ 1213.104 Public information coordination
and concurrence.
(a) General. All NASA employees
involved in preparing and issuing
NASA public information are
responsible for proper coordination
among Headquarters and Center offices
to include review and clearance by
appropriate officials prior to issuance.
Such coordination will be accomplished
through procedures developed and
published by the NASA Assistant
Administrator for Public Affairs.
(b) Coordination. To ensure timely
release of public information,
Headquarters and Center Public Affairs
Officers are required to coordinate to
obtain review and clearance by
appropriate officials, keep each other
informed of changes, delays, or
cancellation of releases, and provide
advance notification of the actual
release.
(c) All public information shall be
coordinated through the appropriate
Headquarters offices, including review
by the appropriate Mission Directorate
Associate Administrator and Mission
Support Office head, or their designees,
to ensure scientific, technical, and
programmatic accuracy, and review by
the Assistant Administrator for Public
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Affairs or his/her designee to ensure
that public information products are
well written and appropriate for the
intended audience.
(d) Centers may, however, without the
full coordination of Headquarters, issue
public information that is institutional
in nature, of local interest, or has been
deemed not to be a Headquarters
release. These releases must be
coordinated through the appropriate
Center offices and approved by the
Center Director and Center Public
Affairs Director. The Center Public
Affairs Director is required to provide
proper notification to the Office of
Public Affairs, NASA Headquarters,
prior to release. The Assistant
Administrator for Public Affairs or his/
her designee will determine which
public information will be issued
nationwide by NASA Headquarters and
shall publish guidelines for the release
of public information that may be issued
by Centers without clearance from
Headquarters offices.
(e) Dispute Resolution. Any dispute
arising from a decision to proceed or not
proceed with the issuance of a news
release or other type of public
information will be addressed and
resolved by the Assistant Administrator
for Public Affairs with the appropriate
Mission Directorate Associate
Administrator, Mission Support Office
head, Center Director, and others, such
as Center Public Affairs Directors, as
necessary. However, the appropriate
Mission Directorate Associate
Administrator shall be the arbiter of
disputes about the accuracy or
characterization of programmatic,
technical, or scientific information.
Additional appeals may be made to the
Chief of Strategic Communications and
to the Office of the Administrator. When
requested by a Center Public Affairs
Director, an explanation of the
resolution will be provided in writing to
all interested Agency parties.
§ 1213.105
Interviews.
(a) Only spokespersons designated by
the Assistant Administrator for Public
Affairs, or his/her designee, are
authorized to speak for the Agency in an
official capacity regarding NASA policy,
programmatic, and budget issues.
(b) In response to media interview
requests, NASA will offer articulate and
knowledgeable spokespersons who can
best serve the needs of the media and
the American public. However,
journalists may have access to the
NASA officials they seek to interview,
provided those NASA officials agree to
be interviewed.
(c) NASA employees may speak to the
media and the public about their work.
E:\FR\FM\24AUR1.SGM
24AUR1
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
When doing so, employees shall notify
their immediate supervisor and
coordinate with their public affairs
office in advance of interviews
whenever possible, or immediately
thereafter, and are encouraged, to the
maximum extent practicable, to have a
Public Affairs Officer present during
interviews. If Public Affairs Officers are
present, their role will be to attest to the
content of the interview, support the
interviewee, and provide post-interview
follow up with the media, as necessary.
(d) NASA, as an Agency, does not
take a position on any scientific
conclusions. That is the role of the
broad scientific community and the
nature of the scientific process. NASA
scientists may draw conclusions and
may, consistent with this policy,
communicate those conclusions to the
media. However, NASA employees who
present personal views outside their
official area of expertise or
responsibility must make clear that they
are presenting their individual views—
not the views of the Agency—and ask
that they be sourced as such.
(e) Appropriated funds may only be
used to support Agency missions and
objectives consistent with legislative or
presidential direction. Government
funds shall not be used for media
interviews or other communication
activities that go beyond the scope of
Agency responsibilities and/or an
employee’s official area of expertise or
responsibility.
(f) Media interviews will be ‘‘on-therecord’’ and attributable to the person
making the remarks, unless the
interviewee is authorized to do
otherwise by the Assistant
Administrator for Public Affairs or
Center Public Affairs Director, or their
designees. Any NASA employee
providing material to the press will
identify himself/herself as the source.
(g) Audio recordings may be made by
NASA with consent of the interviewee.
(h) NASA employees are not required
to speak to the media.
(i) Public information volunteered by
a NASA official will not be considered
exclusive to any one media source and
will be made available to other sources,
if requested.
rmajette on PROD1PC67 with RULES1
§ 1213.106 Preventing release of classified
information to the media.
(a) Release of classified information in
any form (e.g., documents, through
interviews, audio/visual) to the news
media is prohibited. The disclosure of
classified information to unauthorized
individuals may be cause for
prosecution and/or disciplinary action
against the NASA employee involved.
Ignorance of NASA policy and
VerDate Aug<31>2005
15:14 Aug 23, 2006
Jkt 208001
procedures regarding classified
information does not release a NASA
employee from responsibility for
preventing any unauthorized release.
See NPR 1600.1, Chapter 5, Section 5.23
for internal NASA guidance on
management of classified information.
For further guidance that applies to all
agencies, see Executive Order 12958, as
amended, ‘‘Classified National Security
Information,’’ and its implementing
directive at 32 CFR parts 2001 and 2004.
(b) Any attempt by news media
representatives to obtain classified
information will be reported through the
Headquarters Office of Public Affairs or
Installation Public Affairs Office to the
Installation Security Office and Office of
Security and Program Protection.
(c) For classified operations and/or
programs managed under the auspices
of a DD Form 254, ‘‘Contract Security
Classification Specification,’’ all
inquiries concerning this activity will be
responded to by the appropriate PAO
official designated in Item 12 on the DD
Form 254.
(d) For classified operations and/or
information owned by other
Government agencies (e.g., DOD, DOE),
all inquiries will be referred to the
appropriate Agency Public Affairs
Officer as established in written
agreements.
§ 1213.107 Preventing unauthorized
release of sensitive but unclassified (SBU)
information/material to the news media.
(a) All NASA SBU information
requires accountability and approval for
release. Release of SBU information to
unauthorized personnel is prohibited.
Unauthorized release of SBU
information may result in prosecution
and/or disciplinary action. Ignorance of
NASA policy and procedures regarding
SBU information does not release a
NASA employee from responsibility for
unauthorized release. See NPR 1600.1,
Chapter 5, Section 5.24 for guidance on
identification, marking, accountability
and release of NASA SBU information.
(b) Examples of SBU information
include: proprietary information of
others provided to NASA under
nondisclosure or confidentiality
agreement; source selection and bid and
proposal information; information
subject to export control under the
International Traffic in Arms
Regulations (ITAR) or the Export
Administration Regulations (EAR);
information subject to the Privacy Act of
1974; predecisional materials such as
national space policy not yet publicly
released; pending reorganization plans
or sensitive travel itineraries; and
information that could constitute an
indicator of U.S. Government
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
49991
intentions, capabilities, operations, or
activities or otherwise threaten
operations security.
(c) Upon request for access to
information/material deemed SBU,
coordination must be made with the
information/material owner to
determine if the information/material
may be released. Other organizations
that play a part in SBU information
identification, accountability, and
release (e.g., General Counsel, External
Relations, Procurement) must be
consulted for assistance and/or
concurrence prior to release.
(d) Requests for SBU information from
other Government agencies must be
referred to the NASA program or other
office responsible for handling the
information as SBU.
§ 1213.108
Multimedia materials.
(a) NASA’s multimedia material, from
all sources, will be made available to the
information media, the public, and to all
Agency Centers and contractor
installations utilizing contemporary
delivery methods and emerging digital
technology.
(b) Centers will provide the media,
the public, and as necessary, NASA
Headquarters with:
(1) Selected prints and original or
duplicate files of news-oriented imagery
and other digital multimedia material
generated within their respective areas.
(2) Selected video material in the
highest quality format practical, which,
in the opinion of the installations,
would be appropriate for use as news
feed material or features in preproduced programs and other
presentations.
(3) Audio and/or video files of
significant news developments and
other events of historic or public
interest.
(4) Interactive multimedia features
that can be incorporated into the
Agency’s Internet portal for use by
internal and external audiences,
including the media and the general
public.
(5) To the extent practicable, these
products will be in forms and media
accessible to the public at large, as well
as to specific user groups requesting
them, if any.
§ 1213.109 News releases concerning
international activities.
(a) Releases of information involving
NASA activities, views, programs, or
projects involving another country or an
international organization require prior
coordination and approval by the
Headquarters offices of External
Relations and Public Affairs.
(b) NASA Centers and Headquarters
offices will report all visits proposed by
E:\FR\FM\24AUR1.SGM
24AUR1
49992
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
representatives of foreign news media to
the Public Affairs Officer of the Office
of External Relations for appropriate
handling consistent with all NASA
policies and procedures.
Michael D. Griffin,
Administrator.
[FR Doc. E6–13980 Filed 8–23–06; 8:45 am]
BILLING CODE 7510–13–P
column, line 6, the language
‘‘furtherance of the congressional’’ is
corrected to read ‘‘furtherance of the
Congressional’’.
2. On page 43365, column 1, in the
preamble, under the paragraph heading
‘‘Special Analyses’’, line 5 from bottom
of the paragraph, the language ‘‘Code,
these temporary regulations will’’ is
corrected to read ‘‘the Code, these
temporary regulations will’’.
LaNita Van Dyke,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. E6–14000 Filed 8–23–06; 8:45 am]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9272]
BILLING CODE 4830–01–P
RIN 1545–BE81
REMIC Residual Interests-Accounting
for REMIC Net Income (Including Any
Excess Inclusions) (Foreign Holders);
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
AGENCY:
This document contains
corrections to final regulations (TD
9272) that were published in the
Federal Register on Tuesday, August 1,
2006 (71 FR 43363) relating to income
that is associated with a residual
interest in a Real Estate Mortgage
Investment Conduit (REMIC) and that is
allocated through certain entities to
foreign persons who have invested in
those entities.
DATES: These corrections are effective
August 1, 2006.
FOR FURTHER INFORMATION CONTACT: Dale
Collinson, (202) 622–3900 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The correction notice that is the
subject of this document is under
sections 860A, 860G(b), 863, 1441, and
1442 of the Internal Revenue Code.
Need for Correction
As published, final regulations (TD
9272) contain errors that may prove to
be misleading and are in need of
clarification.
rmajette on PROD1PC67 with RULES1
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9272), which was
the subject of FR Doc. E6–12363, is
corrected as follows:
1. On page 43364, column 1, in the
preamble, under the paragraph heading
‘‘Background and Explanation of
Provisions’’, first full paragraph of the
VerDate Aug<31>2005
15:14 Aug 23, 2006
Jkt 208001
[TD 9263]
RIN 1545–BE33
Income Attributable to Domestic
Production Activities; Correction
Notice
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations; correction
notice.
AGENCY:
SUMMARY: This document contains
corrections to final regulations that were
published in the Federal Register on
Thursday, June 1, 2006 (71 FR 31268)
concerning the deduction for income
attributable to domestic production
activities under section 199.
DATES: These corrections are effective
June 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Concerning § 1.199–1, 1.199–3, 1.199–6,
and 1.199–8, Paul Handleman or Lauren
Ross Taylor, (202) 622–3040; concerning
§ 1.199–2, Alfred Kelley, (202) 622–
6040; concerning § 1.199–4(c) and (d),
Richard Chewning, (202) 622–3850;
concerning all other provisions of
§ 1.199–4, Jeffery Mitchell, (202) 622–
4970; concerning § 1.199–7, Ken Cohen,
(202) 622–7790; concerning § 1.199–9,
Martin Schaffer, (202) 622–3080 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
Need for Correction
As published, final regulations (TD
9263) contains errors that may prove to
be misleading and are in need of
clarification.
Correction of Publication
Accordingly, the final regulations (TD
9263), that was the subject of FR Doc.
06–4829, is corrected as follows:
1. On page 31270, column 3, in the
preamble, under the paragraph heading
‘‘Wage Limitation’’, first paragraph, line
6, the language ‘‘2006–22 (2006–22
I.R.B.) has been’’ is corrected to read
‘‘2006–22 (2006–23 I.R.B. 1033) has
been’’.
2. On page 31274, column 3, in the
preamble, under the paragraph heading
‘‘Derived From a Lease, Rental, License,
Sale, Exchange, or Other Disposition’’,
first paragraph of the column, line 10
from the bottom of the paragraph, the
language ‘‘(3)(l)(1), the preamble
example is not’’ is corrected to read
‘‘(3)(i)(1), the preamble example is not’’.
3. On page 31278, column 1, in the
preamble, under the paragraph heading
‘‘Construction of Real Property’’, first
full paragraph of the column, line 4, the
language ‘‘exception of § 1.199–
3(1)(5)(ii)’’ is corrected to read
‘‘exception of § 1.199–3(l)(5)(ii) of the
proposed regulations’’.
4. On page 31281, column 1, in the
preamble, under the paragraph heading
‘‘Pass-Thru Entities’’, first paragraph of
the column, line 26 from the top of the
paragraph, the language ‘‘members (and
vice versa) for attribution’’ is corrected
to read ‘‘members for attribution’’.
5. On page 31282, column 2, in the
preamble, under the paragraph heading
‘‘Effective Date’’, paragraph 2, line 10
from the top of the paragraph, the
language ‘‘(of this chapter) for a taxable
year’’ is corrected to read ‘‘for a taxable
year’’.
LaNita Van Dyke,
Acting Branch Chief, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. E6–14005 Filed 8–23–06; 8:45 am]
BILLING CODE 4830–01–P
Background
The final regulations (TD 9263) that
are the subject of these corrections are
under section 199 of the Internal
Revenue Code.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Rules and Regulations]
[Pages 49989-49992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13980]
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1213
Notice: (06-060)
RIN 2700-AD25
Release of Information to News and Information Media
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Aeronautics and Space Administration (NASA) is
amending NASA regulations on release of information to news and
information media. These amendments will establish NASA policy,
responsibility, and procedure for providing information to news media
on NASA activities.
DATES: Effective Date: August 24, 2006.
FOR FURTHER INFORMATION CONTACT: R. Andrew Falcon, Associate General
Counsel, General Law Practice Group, Office of the General Counsel,
NASA Headquarters, telephone (202) 358-2465, fax (202) 358-4355.
SUPPLEMENTARY INFORMATION: These amendments set forth procedures for
internal review of public information, updates the designations of
officials responsible for the accuracy of information contained in
press releases and other forms of public information, and provides
guidance to employees on authorities governing the release of
information. Since this action concerns matters of internal Agency
organization, practice, and procedure, no public comment period is
required, and this rule becomes effective on the date of publication.
This rule is not subject to the Regulatory Flexibility Act (5 U.S.C.
chapter 6) since it will not have a significant impact on a substantial
number of small entities. Finally, this rule is not a major Federal
action as defined in Executive Order 12866.
List of Subjects in 14 CFR Part 1213
Administrative practice and procedure, News media.
0
For the reasons set out in the preamble, NASA revises part 1213 of
title 14 of the Code of Federal Regulations to read as follows:
PART 1213--RELEASE OF INFORMATION TO NEWS AND INFORMATION MEDIA
Sec.
1213.100 Scope.
1213.101 Applicability.
1213.102 Policy.
1213.103 Responsibilities.
1213.104 Public information coordination and concurrence.
1213.105 Interviews.
1213.106 Preventing release of classified information to the media.
1213.107 Preventing unauthorized release of sensitive but
unclassified (SBU) information/material to the news media.
1213.108 Multimedia materials.
1213.109 News releases concerning international activities.
Authority: 42 U.S.C. 2473(a)(3).
Sec. 1213.100 Scope.
This part sets forth policy governing the release of public
information, which is defined as information in any form provided to
news and information media, especially information that has the
potential to generate significant media or public interest or inquiry.
Examples include, but are not limited to, press releases, media
advisories, news features, and Web postings. Not included under this
definition are scientific and technical reports, Web postings designed
for technical or scientific interchange, and technical information
presented at professional meetings or in professional journals.
Sec. 1213.101 Applicability.
(a) This policy applies to NASA Headquarters, NASA Centers, and
Component Facilities.
(b) In the event of any conflict between this policy and any other
NASA policy, directive, or regulation, this policy shall govern and
supersede any previous issuance or directive.
(c) The requirements of this part do not apply to the Office of
Inspector General regarding its activities.
Sec. 1213.102 Policy.
(a) NASA, a scientific and technical Agency, is committed to a
culture of openness with the media and public that values the free
exchange of ideas, data, and information as part of scientific and
technical inquiry. Scientific and technical information from or about
Agency programs and projects will be accurate and unfiltered.
(b) Consistent with NASA statutory responsibility, NASA will
``provide for the widest practicable and appropriate dissemination of
information concerning its activities and the results thereof.''
Release of public information concerning NASA activities and the
results of NASA activities will be made in a timely, equitable,
accurate, and complete manner.
(c) To ensure timely release of information, NASA will endeavor to
ensure cooperation and coordination among the Agency's scientific,
engineering, and public affairs communities.
(d) In keeping with the desire for a culture of openness, NASA
employees may, consistent with this policy, speak to the press and the
public about their work.
(e) This policy does not authorize or require disclosure of
information that is exempt from disclosure under the Freedom of
Information Act (5 U.S.C. 552) or otherwise restricted by statute,
regulation, Executive Order, or other Executive Branch policy or NASA
policy (e.g., OMB Circulars, NASA Policy Directives). Examples of
information not releasable under this policy include, without
limitation, information that is, or is marked as, classified
information, procurement sensitive information, information subject to
the Privacy Act, other sensitive but unclassified information, and
information subject to privilege, such as pre-decisional information or
attorney-client communications.
Sec. 1213.103 Responsibilities.
(a) The Assistant Administrator for Public Affairs is responsible
for developing and administering an integrated Agency-wide
[[Page 49990]]
communications program, establishing Agency public affairs policies and
priorities, and coordinating and reviewing the performance of all
Agency public affairs activities. The Assistant Administrator will
develop criteria to identify which news releases and other types of
public information will be issued nationwide by NASA Headquarters.
Decisions to release public information nationwide by NASA Headquarters
will be made by the Assistant Administrator for Public Affairs or his/
her designee.
(b) NASA's Mission Directorate Associate Administrators and Mission
Support Office heads have ultimate responsibility for the technical,
scientific, and programmatic accuracy of all information that is
related to their respective programs and released by NASA.
(c) Under the direction of the Assistant Administrator for Public
Affairs, Public Affairs Officers assigned to Mission Directorates are
responsible for the timely and efficient coordination of public
information covering their respective programs. This coordination
includes review by appropriate Mission Directorate officials. It also
includes editing by public affairs staff to ensure that public
information products are well written and appropriate for the intended
audience. However, such editing shall not change scientific or
technical data or the meaning of programmatic content.
(d) Center Public Affairs Directors are responsible for
implementing their portion of the Agency's communications program,
adhering to Agency policies, procedures, and priorities, and
coordinating their activities with Headquarters (and others where
appropriate). They are responsible for the quality of public
information prepared by Center Public Affairs Officers. They also are
responsible for the day-to-day production of public information
covering their respective Center activities, which includes obtaining
the necessary Center concurrences and coordinating, as necessary, with
the appropriate Headquarters Public Affairs Officers.
(e) Center Directors have ultimate responsibility for the accuracy
of public information that does not require the concurrence of
Headquarters. See Sec. 1213.104(d).
(f) All NASA employees are required to coordinate, in a timely
manner, with the appropriate Public Affairs Officers prior to releasing
information that has the potential to generate significant media or
public interest or inquiry.
(g) All NASA Public Affairs Officers are required to notify the
appropriate Headquarters Public Affairs Officers, in a timely manner,
about activities or events that have the potential to generate
significant media or public interest or inquiry.
(h) All NASA public affairs employees are expected to adhere to the
following code of conduct:
(1) Be honest and accurate in all communications.
(2) Honor publication embargoes.
(3) Respond promptly to media requests, and respect media
deadlines.
(4) Act promptly to notify the public of, and correct, erroneous
information, either internally or externally.
(5) Promote the free flow of scientific and technical information.
(6) Protect non-public information.
(i) All NASA employees are responsible for adhering to plans
(including schedules) for activities established by public affairs
offices and senior management for the coordinated release of public
information.
(j) All NASA-funded missions will have a public affairs plan,
approved by the Assistant Administrator for Public Affairs, which will
be managed by Headquarters and/or a designated NASA Center.
(k) Public affairs activities for NASA-funded missions will not be
managed by non-NASA institutions, unless authorized by the Assistant
Administrator for Public Affairs.
Sec. 1213.104 Public information coordination and concurrence.
(a) General. All NASA employees involved in preparing and issuing
NASA public information are responsible for proper coordination among
Headquarters and Center offices to include review and clearance by
appropriate officials prior to issuance. Such coordination will be
accomplished through procedures developed and published by the NASA
Assistant Administrator for Public Affairs.
(b) Coordination. To ensure timely release of public information,
Headquarters and Center Public Affairs Officers are required to
coordinate to obtain review and clearance by appropriate officials,
keep each other informed of changes, delays, or cancellation of
releases, and provide advance notification of the actual release.
(c) All public information shall be coordinated through the
appropriate Headquarters offices, including review by the appropriate
Mission Directorate Associate Administrator and Mission Support Office
head, or their designees, to ensure scientific, technical, and
programmatic accuracy, and review by the Assistant Administrator for
Public Affairs or his/her designee to ensure that public information
products are well written and appropriate for the intended audience.
(d) Centers may, however, without the full coordination of
Headquarters, issue public information that is institutional in nature,
of local interest, or has been deemed not to be a Headquarters release.
These releases must be coordinated through the appropriate Center
offices and approved by the Center Director and Center Public Affairs
Director. The Center Public Affairs Director is required to provide
proper notification to the Office of Public Affairs, NASA Headquarters,
prior to release. The Assistant Administrator for Public Affairs or
his/her designee will determine which public information will be issued
nationwide by NASA Headquarters and shall publish guidelines for the
release of public information that may be issued by Centers without
clearance from Headquarters offices.
(e) Dispute Resolution. Any dispute arising from a decision to
proceed or not proceed with the issuance of a news release or other
type of public information will be addressed and resolved by the
Assistant Administrator for Public Affairs with the appropriate Mission
Directorate Associate Administrator, Mission Support Office head,
Center Director, and others, such as Center Public Affairs Directors,
as necessary. However, the appropriate Mission Directorate Associate
Administrator shall be the arbiter of disputes about the accuracy or
characterization of programmatic, technical, or scientific information.
Additional appeals may be made to the Chief of Strategic Communications
and to the Office of the Administrator. When requested by a Center
Public Affairs Director, an explanation of the resolution will be
provided in writing to all interested Agency parties.
Sec. 1213.105 Interviews.
(a) Only spokespersons designated by the Assistant Administrator
for Public Affairs, or his/her designee, are authorized to speak for
the Agency in an official capacity regarding NASA policy, programmatic,
and budget issues.
(b) In response to media interview requests, NASA will offer
articulate and knowledgeable spokespersons who can best serve the needs
of the media and the American public. However, journalists may have
access to the NASA officials they seek to interview, provided those
NASA officials agree to be interviewed.
(c) NASA employees may speak to the media and the public about
their work.
[[Page 49991]]
When doing so, employees shall notify their immediate supervisor and
coordinate with their public affairs office in advance of interviews
whenever possible, or immediately thereafter, and are encouraged, to
the maximum extent practicable, to have a Public Affairs Officer
present during interviews. If Public Affairs Officers are present,
their role will be to attest to the content of the interview, support
the interviewee, and provide post-interview follow up with the media,
as necessary.
(d) NASA, as an Agency, does not take a position on any scientific
conclusions. That is the role of the broad scientific community and the
nature of the scientific process. NASA scientists may draw conclusions
and may, consistent with this policy, communicate those conclusions to
the media. However, NASA employees who present personal views outside
their official area of expertise or responsibility must make clear that
they are presenting their individual views--not the views of the
Agency--and ask that they be sourced as such.
(e) Appropriated funds may only be used to support Agency missions
and objectives consistent with legislative or presidential direction.
Government funds shall not be used for media interviews or other
communication activities that go beyond the scope of Agency
responsibilities and/or an employee's official area of expertise or
responsibility.
(f) Media interviews will be ``on-the-record'' and attributable to
the person making the remarks, unless the interviewee is authorized to
do otherwise by the Assistant Administrator for Public Affairs or
Center Public Affairs Director, or their designees. Any NASA employee
providing material to the press will identify himself/herself as the
source.
(g) Audio recordings may be made by NASA with consent of the
interviewee.
(h) NASA employees are not required to speak to the media.
(i) Public information volunteered by a NASA official will not be
considered exclusive to any one media source and will be made available
to other sources, if requested.
Sec. 1213.106 Preventing release of classified information to the
media.
(a) Release of classified information in any form (e.g., documents,
through interviews, audio/visual) to the news media is prohibited. The
disclosure of classified information to unauthorized individuals may be
cause for prosecution and/or disciplinary action against the NASA
employee involved. Ignorance of NASA policy and procedures regarding
classified information does not release a NASA employee from
responsibility for preventing any unauthorized release. See NPR 1600.1,
Chapter 5, Section 5.23 for internal NASA guidance on management of
classified information. For further guidance that applies to all
agencies, see Executive Order 12958, as amended, ``Classified National
Security Information,'' and its implementing directive at 32 CFR parts
2001 and 2004.
(b) Any attempt by news media representatives to obtain classified
information will be reported through the Headquarters Office of Public
Affairs or Installation Public Affairs Office to the Installation
Security Office and Office of Security and Program Protection.
(c) For classified operations and/or programs managed under the
auspices of a DD Form 254, ``Contract Security Classification
Specification,'' all inquiries concerning this activity will be
responded to by the appropriate PAO official designated in Item 12 on
the DD Form 254.
(d) For classified operations and/or information owned by other
Government agencies (e.g., DOD, DOE), all inquiries will be referred to
the appropriate Agency Public Affairs Officer as established in written
agreements.
Sec. 1213.107 Preventing unauthorized release of sensitive but
unclassified (SBU) information/material to the news media.
(a) All NASA SBU information requires accountability and approval
for release. Release of SBU information to unauthorized personnel is
prohibited. Unauthorized release of SBU information may result in
prosecution and/or disciplinary action. Ignorance of NASA policy and
procedures regarding SBU information does not release a NASA employee
from responsibility for unauthorized release. See NPR 1600.1, Chapter
5, Section 5.24 for guidance on identification, marking, accountability
and release of NASA SBU information.
(b) Examples of SBU information include: proprietary information of
others provided to NASA under nondisclosure or confidentiality
agreement; source selection and bid and proposal information;
information subject to export control under the International Traffic
in Arms Regulations (ITAR) or the Export Administration Regulations
(EAR); information subject to the Privacy Act of 1974; predecisional
materials such as national space policy not yet publicly released;
pending reorganization plans or sensitive travel itineraries; and
information that could constitute an indicator of U.S. Government
intentions, capabilities, operations, or activities or otherwise
threaten operations security.
(c) Upon request for access to information/material deemed SBU,
coordination must be made with the information/material owner to
determine if the information/material may be released. Other
organizations that play a part in SBU information identification,
accountability, and release (e.g., General Counsel, External Relations,
Procurement) must be consulted for assistance and/or concurrence prior
to release.
(d) Requests for SBU information from other Government agencies
must be referred to the NASA program or other office responsible for
handling the information as SBU.
Sec. 1213.108 Multimedia materials.
(a) NASA's multimedia material, from all sources, will be made
available to the information media, the public, and to all Agency
Centers and contractor installations utilizing contemporary delivery
methods and emerging digital technology.
(b) Centers will provide the media, the public, and as necessary,
NASA Headquarters with:
(1) Selected prints and original or duplicate files of news-
oriented imagery and other digital multimedia material generated within
their respective areas.
(2) Selected video material in the highest quality format
practical, which, in the opinion of the installations, would be
appropriate for use as news feed material or features in pre-produced
programs and other presentations.
(3) Audio and/or video files of significant news developments and
other events of historic or public interest.
(4) Interactive multimedia features that can be incorporated into
the Agency's Internet portal for use by internal and external
audiences, including the media and the general public.
(5) To the extent practicable, these products will be in forms and
media accessible to the public at large, as well as to specific user
groups requesting them, if any.
Sec. 1213.109 News releases concerning international activities.
(a) Releases of information involving NASA activities, views,
programs, or projects involving another country or an international
organization require prior coordination and approval by the
Headquarters offices of External Relations and Public Affairs.
(b) NASA Centers and Headquarters offices will report all visits
proposed by
[[Page 49992]]
representatives of foreign news media to the Public Affairs Officer of
the Office of External Relations for appropriate handling consistent
with all NASA policies and procedures.
Michael D. Griffin,
Administrator.
[FR Doc. E6-13980 Filed 8-23-06; 8:45 am]
BILLING CODE 7510-13-P
