Research Misconduct, 44439-44441 [2012-18435]
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
(1) No further action is required by
paragraph (g) of this AD if no MLG retraction
actuator having P/N 190–70980–403 is found.
(2) If any MLG retraction actuator having
P/N 190–70980–403 is found, do a GVI of the
actuator and bolt (P/N 2821–0028) for
discrepancies (such as cracks, damage, and
movement between the actuator rod end and
shock strut lug of the MLG retraction
actuator), in accordance with ‘‘Part I’’ of the
Accomplishment Instructions of EMBRAER
Service Bulletin 190–32–0036, dated October
4, 2010 (for all Model ERJ 190 airplanes); or
EMBRAER Service Bulletin 190LIN–32–0014,
dated February 10, 2011 (for Model 190–100
ECJ airplanes); within the applicable
compliance time specified in paragraphs
(g)(2)(i) and (g)(2)(ii) of this AD. Repeat the
inspection, thereafter, at intervals not to
exceed 3,500 flight cycles, until the actions
required by paragraph (j) of this AD are done.
(i) For any MLG retraction actuator that has
accumulated fewer than 3,500 total flight
cycles as the effective date of this AD, do the
GVI of the actuator before the accumulation
of 4,500 total flight cycles on the MLG
retraction actuator.
(ii) For any MLG retraction actuator that
has accumulated 3,500 total flight cycles or
more as of the effective date of this AD, do
the GVI of the actuator within 1,000 flight
cycles after the effective date of this AD.
(3) For the purpose of this AD, a general
visual inspection (GVI) is: ‘‘A visual
examination of an interior or exterior area,
installation or assembly to detect obvious
damage, failure or irregularity. This level of
inspection is made from within touching
distance, unless otherwise specified. A
mirror may be necessary to enhance visual
access to all exposed surfaces in the
inspection area. This level of inspection is
made under normally available lighting
conditions such as daylight, hangar lighting,
flashlight or droplight, and may require
removal or opening of access panels or doors.
Stands, ladders or platforms may be required
to gain proximity to the area being checked.’’
(h) Corrective Actions
If any discrepancy is found during any
inspection required by paragraph (g)(2) of
this AD, including any movement between
the actuator rod-end and shock strut lug:
Before further flight, replace the MLG
retraction actuator, and as applicable the
anti-rotation pin and the attachment bolt, in
accordance with ‘‘Part II’’ and ‘‘Part III,’’ as
applicable, of the Accomplishment
Instructions of EMBRAER Service Bulletin
190–32–0036, dated October 4, 2010 (for all
Model ERJ 190 airplanes), or EMBRAER
Service Bulletin 190LIN–32–0014, dated
February 10, 2011 (for Model 190–100 ECJ
airplanes); except where EMBRAER Service
Bulletin 190–32–0036, dated October 4, 2010
(for all Model ERJ 190 airplanes), or
EMBRAER Service Bulletin 190LIN–32–0014,
dated February 10, 2011 (for Model 190–100
ECJ airplanes), specifies to contact the
manufacturer, before further flight repair, in
accordance with a method approved by the
Manager, International Branch, ANM–116,
Transport Airplane Directorate, FAA, or
ˆ
Agencia Nacional de Aviacao Civil (or its
¸˜
delegated agent).
VerDate Mar<15>2010
15:44 Jul 27, 2012
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(i) Replacement for MLG Retraction
Actuator Having P/N 190–70980–403
Before any MLG retraction actuator having
P/N 190–70980–403 accumulates 12,000 total
flight cycles or within 1,000 flight cycles
after the effective date of this AD, whichever
occurs later, replace the actuator with new a
actuator having P/N 190–70980–405, and
modify the attachment points, in accordance
with ‘‘Part I’’ and ‘‘Part II,’’ as applicable, of
the Accomplishment Instructions of
EMBRAER Service Bulletin 190–32–0037,
dated October 6, 2010 (for all Model ERJ 190
airplanes); or EMBRAER Service Bulletin
190LIN–32–0015, dated February 10, 2011
(for Model 190–100 ECJ airplanes).
(j) Replacement for All Actuators
For all actuators: Within 20,000 flight
cycles or within 96 months after the effective
date of this AD, whichever occurs first, do
the replacement and modification, as
applicable, in accordance with ‘‘Part III’’ of
the Accomplishment Instructions of
EMBRAER Service Bulletin 190–32–0037,
dated October 6, 2010 (for all Model ERJ 190
airplanes); or EMBRAER Service Bulletin
190LIN–32–0015, dated February 10, 2011
(for Model 190–100 ECJ airplanes). Doing the
actions in this paragraph terminates the
action for the requirements specified in
paragraphs (g), (h), and (i) of this AD.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; telephone (425) 227–2768; fax (425)
227–1149. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(l) Related Information
Refer to MCAI Brazilian Airworthiness
Directive 2011–02–01, dated February 12,
2011, and the service information in
paragraph (l)(1) through (l)(4) of this AD; for
related information.
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44439
(1) EMBRAER Service Bulletin 190–32–
0036, dated October 4, 2010.
(2) EMBRAER Service Bulletin 190–32–
0037, dated October 6, 2010.
(3) EMBRAER Service Bulletin 190LIN–32–
0014, dated February 10, 2011.
(4) EMBRAER Service Bulletin 190LIN–32–
0015, dated February 10, 2011.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the following service information
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use the following service
information to do the actions required by this
AD, unless the AD specifies otherwise.
(i) EMBRAER Service Bulletin 190–32–
0036, dated October 4, 2010.
(ii) EMBRAER Service Bulletin 190–32–
0037, dated October 6, 2010.
(iii) EMBRAER Service Bulletin 190LIN–
32–0014, dated February 10, 2011.
(iv) EMBRAER Service Bulletin 190LIN–
32–0015, dated February 10, 2011.
(3) For service information identified in
this AD, contact Embraer S.A., Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos—SP—BRASIL; telephone
+55 12 3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; email
distrib@embraer.com.br; Internet https://
www.flyembraer.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on July 13,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–17957 Filed 7–27–12; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONATICS AND SPACE
ADMINISTRATION
14 CFR Part 1275
[Docket Number NASA–0031]
RIN 2700–AD84
Research Misconduct
National Aeronautics and
Space Administration.
ACTION: Direct final rule.
AGENCY:
The NASA Research
Misconduct rule describes procedures to
SUMMARY:
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30JYR1
44440
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
be used by NASA for the handling of
allegations of research misconduct. This
direct final rule makes non-substantive
changes to the policy governing the
handling of allegations of research
misconduct and updates to reflect
organizational changes that have
occurred in the Agency. The revisions to
this rule are part of NASA’s
retrospective plan under EO 13563
completed in August 2011. NASA’s full
plan can be accessed at: https://
www.nasa.gov/open/.
DATES: This direct final rule is effective
on September 28, 2012, unless adverse
comment is received by August 29,
2012. If adverse comment is received,
NASA will publish a timely withdrawal
of the rule in the Federal Register.
ADDRESSES: Comments must be
identified with RN 2700–AD84 and may
be sent to NASA via the Federal ERulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitted comments.
Please note that NASA will post all
comments on the Internet with changes,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
Teresa Fryberger, Office of the Chief
Scientist, NASA Headquarters,
telephone (202) 358–1982.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
Direct Final Rule and Significant
Adverse Comments
NASA has determined this
rulemaking meets the criteria for a
direct final rule because it involves
nonsubstantive changes dealing with
NASA’s procedures for dealing with
research misconduct. NASA expects no
opposition to the changes and no
significant adverse comments. However,
if NASA receives a significant adverse
comment, the Agency 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
The NASA Research Misconduct Rule
was created in accordance with the
‘‘Federal Policy on Research
Misconduct’’ issued by the Office of
Science and Technology Policy on
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
December 6, 2000. The proposed rule,
published July 25, 2003 (68 FR 43982),
was created to establish a new research
misconduct policy for NASA and
requested public comments on the
proposed action. Details of the proposed
rule can be found at https://
www.gpo.gov/fdsys/pkg/FR-2003-07-25/
pdf/03-18982.pdf. The proposed rule
was changed to address public
comments, and the final rule was
published on July 14, 2004 (69 FR
42102). Details on how the comments
were addressed can be found at https://
www.gpo.gov/fdsys/pkg/FR-2004-07-14/
pdf/04-15432.pdf.
NASA’s research mission involves the
advancement of research in the fields of
aeronautics, space science, Earth
science, biomedicine, biology,
engineering, and physical science.
NASA fulfills this objective through
intramural research performed by NASA
researchers and through extramural
contracts, cooperative agreements,
grants, and Space Act agreements with
external entities, including the private
sector; nonprofit and academic and
educational organizations; and with
other governmental entities. Because of
this multiplicity of research
arrangements, allegations of research
misconduct could arise in any number
of ways. While there is some overlap in
the actions that may be pursued by
Federal agencies and research
institutions, this rule provides
procedures and criteria for the
interaction of NASA with its research
partners in dealing with the various
contingencies that could arise in the
processing of research misconduct
allegations.
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 and Executive
Order 13563
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
PO 00000
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Fmt 4700
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equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. This final rule has
been designated a ‘‘significant
regulatory action,’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed
by the Office of Management and
Budget.
Regulatory Flexibility Act
It has been certified that this final rule
is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act Statement
This final rule does not contain an
information collection requirement
subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 14 CFR Part 1275
Administrative practice and
procedure, Grant programs,
Investigations, Research, Science and
technology, Scientists.
Accordingly, 14 CFR part 1275 is
amended as follows:
PART 1275—RESEARCH
MISCONDUCT
1. The authority citation for part 1275
continues to read as follows:
■
Authority: Pub. L. 85–568, 72 Stat. 426, 42
U.S.C. 2473.
2. Section 1275.100 is amended by
revising paragraphs (d) and (e) to read
as follows:
■
§ 1275.100
*
Purpose and scope.
*
*
*
*
(d) A determination that research
misconduct has occurred must be
accompanied by recommendations on
appropriate administrative actions.
However, the administrative actions
themselves may be imposed only after
further procedures described in
applicable Federal acquisition and
NASA regulations concerning contracts,
cooperative agreements, grants, Space
Act agreements, or other transactions,
depending on the type of agreement
used to fund or support the research in
question. Administrative actions
involving NASA civil service employees
may be imposed only in compliance
with all relevant Federal laws and
policies.
(e) Allegations of research misconduct
concerning NASA research may be
transmitted to NASA in one of the
E:\FR\FM\30JYR1.SGM
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
following ways: By mail address to the
Office of Inspector General (OIG),
National Aeronautics and Space
Administration, 300 E Street SW.,
Washington, DC 20546–0001 via the
NASA OIG Hotline at 1–800–424–9183,
or cyber hotline at https://oig.nasa.gov/
hotline.html.
■ 3. Section 1275.101 is amended by
revising paragraphs (a) and (m) to read
as follows:
§ 1275.101
Appendix to Part 1275—Research
Misconduct
tkelley on DSK3SPTVN1PROD with RULES
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2012–18435 Filed 7–27–12; 8:45 am]
BILLING CODE P
Definitions.
(a) Research misconduct means
fabrication, falsification, or plagiarism
in proposing, performing, or reviewing
research, or in reporting research
results. Research misconduct does not
include honest error or differences of
opinion. Research as used in this part
includes all basic and applied research
as defined in OMB Circular A–11 in all
fields of science, engineering, and
mathematics, including, but not limited
to, research in space and Earth sciences,
economics, education, linguistics,
medicine, psychology, social sciences,
statistics, and biological and physical
research (ground based and
microgravity), including research
involving human subjects or animals.
*
*
*
*
*
(m) NASA Adjudication Official is the
NASA Associate Administrator of a
Mission Directorate, Chief Technologist,
or Chief Engineer, depending on the
research area involved in the
misconduct allegation (as described in
the list of NASA research disciplines
and their associated directorates
contained in the Appendix to this part).
*
*
*
*
*
■ 4. The Appendix to Part 1275 is
revised to read as follows:
NASA Research Disciplines and Respective
Associated Directorates
1. Aeronautics Research—Aeronautics
Research Mission Directorate
2. Space Science Research—Science
Mission Directorate
3. Earth Science Research and
Applications—Science Mission Directorate
4. Biomedical Research—Human
Exploration and Operations Mission
Directorate
5. Fundamental Biology—Human
Exploration and Operations Mission
Directorate
6. Fundamental Physics—Human
Exploration and Operations Mission
Directorate
7. Research for Exploration Systems not
covered by the disciplines above—Human
Exploration and Operations Mission
Directorate
8. Research for the International Space
Station not covered by the disciplines
VerDate Mar<15>2010
above—Human Exploration and Operations
Mission Directorate
9. Other engineering research not covered
by disciplines above—NASA Chief Engineer
10. Other technology research not covered
by disciplines above—NASA Chief
Technologist
15:44 Jul 27, 2012
Jkt 226001
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 50
RIN 3038–AD60
Swap Transaction Compliance and
Implementation Schedule: Clearing
Requirement Under Section 2(h) of the
CEA
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
The Commodity Futures
Trading Commission (Commission or
CFTC) is adopting regulations to
establish a schedule to phase in
compliance with the clearing
requirement under new section
2(h)(1)(A) of the Commodity Exchange
Act (CEA or Act), enacted under Title
VII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Dodd-Frank Act). The schedule will
provide additional time for compliance
with this requirement. This additional
time is intended to facilitate the
transition to the new regulatory regime
established by the Dodd-Frank Act in an
orderly manner that does not unduly
disrupt markets and transactions.
DATES: The rules will become effective
September 28, 2012.
FOR FURTHER INFORMATION CONTACT:
Sarah E. Josephson, Deputy Director,
202–418–5684, sjosephson@cftc.gov;
Brian O’Keefe, Associate Director, 202–
418–5658. bokeefe@cftc.gov; or Peter
Kals, Attorney-Advisor, 202–418–5466,
pkals@cftc.gov, Division of Clearing and
Risk, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Background
II. Comments on the Notices of Proposed
Rulemaking
A. Comment Period
B. Harmonization
C. Cross-Border and Affiliate Transactions
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44441
D. Comprehensive Implementation
Schedule
E. Prerequisite Rules
F. Definitions
1. Active Fund
2. Third-Party Subaccount
3. Category 1 and Category 2 Entities
G. Compliance Schedule for the Clearing
Requirement
4. Application to All Swap Types
5. Timing of Implementation Schedules
III. Cost-Benefit Considerations
IV. Related Matters
A. Regulatory Flexibility Act
B. Paperwork Reduction Act
I. Background
Section 723(a)(3) of the Dodd-Frank
Act amended the CEA to provide, under
new section 2(h)(1)(A) of the CEA, that
it shall be unlawful for any person to
engage in a swap unless that person
submits such swap for clearing to a
derivatives clearing organization (DCO)
that is registered under the CEA or a
DCO that is exempt from registration
under the CEA if the swap is required
to be cleared (the Clearing
Requirement).1 Section 2(h)(2) charges
the Commission with the responsibility
for determining whether a swap is
required to be cleared (a Clearing
Requirement determination), through
one of two avenues: (1) Pursuant to a
Commission-initiated review; or (2)
pursuant to a submission from a DCO of
each swap, or any group, category, type,
or class of swaps that the DCO ‘‘plans
to accept for clearing.’’ 2 The
Commission is proposing its first
Clearing Requirement determination
concurrently with its adoption of this
compliance schedule rule. The
finalization of that proposal will trigger
the compliance schedule provided for
under this adopting release.
On September 20, 2011, the
Commission published proposed
§ 39.5(e) 3 to phase in compliance of the
Clearing Requirement upon the
Commission’s issuance of a Clearing
Requirement determination pursuant to
§ 39.5(b) or (c).4 That notice of proposed
rulemaking (NPRM) also included an
implementation schedule for the
requirement pursuant to amended
section 2(h)(8)(A), which requires a
swap subject to the Clearing
1 Section 2(h)(7) of the CEA provides an
exception to the Clearing Requirement when one of
the counterparties to a swap (i) is not a financial
entity, (ii) is using the swap to hedge or mitigate
commercial risk, and (iii) notifies the Commission
how it generally meets its financial obligations
associated with entering into a non-cleared swap.
2 Under section 2(h)(2)(B)(ii), the Commission
must consider swaps listed for clearing by a DCO
as of the date of enactment of the Dodd-Frank Act.
3 Commission regulations referred to herein are
found at 17 CFR Ch. 1.
4 See 76 FR 58186 (Sept. 20, 2011).
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44439-44441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18435]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONATICS AND SPACE ADMINISTRATION
14 CFR Part 1275
[Docket Number NASA-0031]
RIN 2700-AD84
Research Misconduct
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The NASA Research Misconduct rule describes procedures to
[[Page 44440]]
be used by NASA for the handling of allegations of research misconduct.
This direct final rule makes non-substantive changes to the policy
governing the handling of allegations of research misconduct and
updates to reflect organizational changes that have occurred in the
Agency. The revisions to this rule are part of NASA's retrospective
plan under EO 13563 completed in August 2011. NASA's full plan can be
accessed at: https://www.nasa.gov/open/.
DATES: This direct final rule is effective on September 28, 2012,
unless adverse comment is received by August 29, 2012. If adverse
comment is received, NASA will publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: Comments must be identified with RN 2700-AD84 and may be
sent to NASA via the Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitted
comments. Please note that NASA will post all comments on the Internet
with changes, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Teresa Fryberger, Office of the Chief
Scientist, NASA Headquarters, telephone (202) 358-1982.
SUPPLEMENTARY INFORMATION:
Direct Final Rule and Significant Adverse Comments
NASA has determined this rulemaking meets the criteria for a direct
final rule because it involves nonsubstantive changes dealing with
NASA's procedures for dealing with research misconduct. NASA expects no
opposition to the changes and no significant adverse comments. However,
if NASA receives a significant adverse comment, the Agency 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
The NASA Research Misconduct Rule was created in accordance with
the ``Federal Policy on Research Misconduct'' issued by the Office of
Science and Technology Policy on December 6, 2000. The proposed rule,
published July 25, 2003 (68 FR 43982), was created to establish a new
research misconduct policy for NASA and requested public comments on
the proposed action. Details of the proposed rule can be found at
https://www.gpo.gov/fdsys/pkg/FR-2003-07-25/pdf/03-18982.pdf. The
proposed rule was changed to address public comments, and the final
rule was published on July 14, 2004 (69 FR 42102). Details on how the
comments were addressed can be found at https://www.gpo.gov/fdsys/pkg/FR-2004-07-14/pdf/04-15432.pdf.
NASA's research mission involves the advancement of research in the
fields of aeronautics, space science, Earth science, biomedicine,
biology, engineering, and physical science. NASA fulfills this
objective through intramural research performed by NASA researchers and
through extramural contracts, cooperative agreements, grants, and Space
Act agreements with external entities, including the private sector;
nonprofit and academic and educational organizations; and with other
governmental entities. Because of this multiplicity of research
arrangements, allegations of research misconduct could arise in any
number of ways. While there is some overlap in the actions that may be
pursued by Federal agencies and research institutions, this rule
provides procedures and criteria for the interaction of NASA with its
research partners in dealing with the various contingencies that could
arise in the processing of research misconduct allegations.
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 and Executive Order 13563
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, reducing costs, harmonizing rules, and promoting flexibility.
This final rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
Regulatory Flexibility Act
It has been certified that this final rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
Paperwork Reduction Act Statement
This final rule does not contain an information collection
requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
List of Subjects in 14 CFR Part 1275
Administrative practice and procedure, Grant programs,
Investigations, Research, Science and technology, Scientists.
Accordingly, 14 CFR part 1275 is amended as follows:
PART 1275--RESEARCH MISCONDUCT
0
1. The authority citation for part 1275 continues to read as follows:
Authority: Pub. L. 85-568, 72 Stat. 426, 42 U.S.C. 2473.
0
2. Section 1275.100 is amended by revising paragraphs (d) and (e) to
read as follows:
Sec. 1275.100 Purpose and scope.
* * * * *
(d) A determination that research misconduct has occurred must be
accompanied by recommendations on appropriate administrative actions.
However, the administrative actions themselves may be imposed only
after further procedures described in applicable Federal acquisition
and NASA regulations concerning contracts, cooperative agreements,
grants, Space Act agreements, or other transactions, depending on the
type of agreement used to fund or support the research in question.
Administrative actions involving NASA civil service employees may be
imposed only in compliance with all relevant Federal laws and policies.
(e) Allegations of research misconduct concerning NASA research may
be transmitted to NASA in one of the
[[Page 44441]]
following ways: By mail address to the Office of Inspector General
(OIG), National Aeronautics and Space Administration, 300 E Street SW.,
Washington, DC 20546-0001 via the NASA OIG Hotline at 1-800-424-9183,
or cyber hotline at https://oig.nasa.gov/hotline.html.
0
3. Section 1275.101 is amended by revising paragraphs (a) and (m) to
read as follows:
Sec. 1275.101 Definitions.
(a) Research misconduct means fabrication, falsification, or
plagiarism in proposing, performing, or reviewing research, or in
reporting research results. Research misconduct does not include honest
error or differences of opinion. Research as used in this part includes
all basic and applied research as defined in OMB Circular A-11 in all
fields of science, engineering, and mathematics, including, but not
limited to, research in space and Earth sciences, economics, education,
linguistics, medicine, psychology, social sciences, statistics, and
biological and physical research (ground based and microgravity),
including research involving human subjects or animals.
* * * * *
(m) NASA Adjudication Official is the NASA Associate Administrator
of a Mission Directorate, Chief Technologist, or Chief Engineer,
depending on the research area involved in the misconduct allegation
(as described in the list of NASA research disciplines and their
associated directorates contained in the Appendix to this part).
* * * * *
0
4. The Appendix to Part 1275 is revised to read as follows:
Appendix to Part 1275--Research Misconduct
NASA Research Disciplines and Respective Associated Directorates
1. Aeronautics Research--Aeronautics Research Mission
Directorate
2. Space Science Research--Science Mission Directorate
3. Earth Science Research and Applications--Science Mission
Directorate
4. Biomedical Research--Human Exploration and Operations Mission
Directorate
5. Fundamental Biology--Human Exploration and Operations Mission
Directorate
6. Fundamental Physics--Human Exploration and Operations Mission
Directorate
7. Research for Exploration Systems not covered by the
disciplines above--Human Exploration and Operations Mission
Directorate
8. Research for the International Space Station not covered by
the disciplines above--Human Exploration and Operations Mission
Directorate
9. Other engineering research not covered by disciplines above--
NASA Chief Engineer
10. Other technology research not covered by disciplines above--
NASA Chief Technologist
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2012-18435 Filed 7-27-12; 8:45 am]
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