Removal of Obsolete Regulation: Use of the Centennial of Flight Commission Name, 60619-60620 [2012-23649]

Download as PDF 60619 Rules and Regulations Federal Register Vol. 77, No. 193 Thursday, October 4, 2012 The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1204 [Docket No. NASA–2012–0004] RIN 2700–AD78 Removal of Obsolete Regulation: Use of the Centennial of Flight Commission Name National Aeronautics and Space Administration. ACTION: Direct final rule. AGENCY: This direct final rule makes nonsubstantive changes by removing a regulation that is obsolete and no longer used.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. NASA’s full plan can be accessed on the Agency’s open government Web site at https:// www.nasa.gov/open/. DATES: This direct final rule is effective on December 3, 2012. Comments due on or before November 5, 2012. 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–AD78 and may be sent to NASA via the Federal ERulemaking Portal: https:// 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. emcdonald on DSK67QTVN1PROD with RULES SUMMARY: FOR FURTHER INFORMATION CONTACT: Nanette Jennings, 202–358–0819. SUPPLEMENTARY INFORMATION: Direct Final Rule Adverse Comments NASA has determined this rulemaking meets the criteria for a direct final rule because it involves VerDate Mar<15>2010 15:04 Oct 03, 2012 Jkt 229001 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. authorized the NASA Administrator use of the Centennial of Flight Commission’s name on any logo, emblem, seal, or descriptive or designating mark, after consultation with the Commission, in connection with the commemoration of the centennial of powered flight. Section 506 was promulgated to delegate the authority of the NASA Administrator to the Assistant Administrator for Public Affairs, without authority for further delegation. With this authority, NASA used the Centennial of Flight Commission’s name on its exhibits, educational, historical and experimental programs and materials to support a year-long commemoration that started in December 2002. NASA’s recognition of the Centennial ended December 17, 2003. Therefore, this section is no longer needed. Background This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. Statutory Authority The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 20113 (a), authorizes the Administrator of 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. 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 https:// www.nasa.gov/open/. The Agency conducted an analysis of its existing regulations to comply with the Order and determined that section 1204. 506 entitled ‘‘Delegation of Authority to License the Use of the Centennial of Flight Commission Name.’’ Section 506, Delegation of Authority to License the Use of the Centennial of Flight Commission Name—The Centennial of Flight Commemoration Act of 1999 (the Act), Public Law 105– 389, as amended by Public Law 106–68, was issued to establish the U.S. Centennial Flight Commission to assist in commemoration of the centennial of powered flight and the achievements of the Wright brothers’ first powered flight at Kill Devil Hills, North Carolina, and to serve as a national and international source for activities commemorating this historic event. The Wright brothers, Orville and Wilbur, were two Americans credited with inventing and building the world’s first successful airplane and making the first controlled, powered and sustained heavier-than-air human flight on December 17, 1903. Therefore, to plan for these commemorative activities, the Act PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Regulatory Analysis Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improvement Regulation and Regulation Review Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). EO 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 EO 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 E:\FR\FM\04OCR1.SGM 04OCR1 60620 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Rules and Regulations 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 EO 13132 EO 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 EO. Therefore, no Federalism assessment is required. List of Subjects in 14 CFR Part 1204 Authority delegations. Accordingly, under the authority of the National Aeronautics and Space Act, as amended, NASA amends 14 CFR part 1204 as follows: PART 1204—ADMINISTRATIVE AUTHORITY AND POLICY 1. The authority citation for part 1204 subpart 500 is revised to read as follows: ■ Authority: 51 U.S.C. 20113. § 1204.506 ■ [Removed and Reserved] 2. Remove and reserve § 1204.506. Charles F. Bolden, Jr., Administrator. [FR Doc. 2012–23649 Filed 10–3–12; 8:45 am] BILLING CODE P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1212 emcdonald on DSK67QTVN1PROD with RULES [Document No. NASA—NASA–2012–0005] RIN 2700–AD86 Update of Existing Privacy Act—NASA Regulations National Aeronautics and Space Administration. ACTION: Direct final rule. AGENCY: VerDate Mar<15>2010 15:04 Oct 03, 2012 Jkt 229001 This rule makes nonsubstantive changes to NASA rules governing implementation of the Privacy Act by updating statute citations, position titles, terminology, and adjusting appellate responsibility for records held by the NASA Office of the Inspector General. This revision is part of NASA’s retrospective plan under EO 13563 completed in August 2011. NASA’s full plan can be accessed on the Agency’s open Government Web site at https://www.nasa.gov/open/. DATES: This rule is effective on December 3, 2012, unless adverse comments are received by November 5, 2012. 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–AD86 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: Patti Stockman, Office of the Chief Information Officer, 202–358–4787. SUPPLEMENTARY INFORMATION: SUMMARY: Direct Final Rule Adverse Comments NASA has determined this rulemaking meets the criteria for a direct final rule because it involves nonsubstantive changes to remove 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 This rule was last published in the Federal Register as an interim final rule (FR 57 4928) on February 11, 1992. That revision changed internal Agency responsibility with regard to the handling of appeals, set forth general PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 housekeeping policies and procedures, and made changes to comply with statutory requirements. Statutory Authority The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 20101(a), authorizes the NASA Administrator 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, Improvement Regulation and Regulation Review Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated as ‘‘not significant’’ under section 3(f) of Executive Order 12866. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to prepare an initial regulatory flexibility analysis to be published at the time the proposed rule is published. This requirement does not apply if the agency ‘‘certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities’’ (5 U.S.C. 603). This rule does not have any economic impact on 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 E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60619-60620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23649]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / 
Rules and Regulations

[[Page 60619]]



NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

[Docket No. NASA-2012-0004]
RIN 2700-AD78


Removal of Obsolete Regulation: Use of the Centennial of Flight 
Commission Name

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

-----------------------------------------------------------------------

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. NASA's full plan can be 
accessed on the Agency's open government Web site at https://www.nasa.gov/open/.

DATES: This direct final rule is effective on December 3, 2012. 
Comments due on or before November 5, 2012. 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-AD78 and may be 
sent to NASA via the Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Please note that NASA will post all comments on the Internet 
with changes, including any personal information provided.

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

SUPPLEMENTARY INFORMATION:

Direct Final Rule Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes to remove 
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 
https://www.nasa.gov/open/. The Agency conducted an analysis of its 
existing regulations to comply with the Order and determined that 
section 1204. 506 entitled ``Delegation of Authority to License the Use 
of the Centennial of Flight Commission Name.''
    Section 506, Delegation of Authority to License the Use of the 
Centennial of Flight Commission Name--The Centennial of Flight 
Commemoration Act of 1999 (the Act), Public Law 105-389, as amended by 
Public Law 106-68, was issued to establish the U.S. Centennial Flight 
Commission to assist in commemoration of the centennial of powered 
flight and the achievements of the Wright brothers' first powered 
flight at Kill Devil Hills, North Carolina, and to serve as a national 
and international source for activities commemorating this historic 
event. The Wright brothers, Orville and Wilbur, were two Americans 
credited with inventing and building the world's first successful 
airplane and making the first controlled, powered and sustained 
heavier-than-air human flight on December 17, 1903. Therefore, to plan 
for these commemorative activities, the Act authorized the NASA 
Administrator use of the Centennial of Flight Commission's name on any 
logo, emblem, seal, or descriptive or designating mark, after 
consultation with the Commission, in connection with the commemoration 
of the centennial of powered flight. Section 506 was promulgated to 
delegate the authority of the NASA Administrator to the Assistant 
Administrator for Public Affairs, without authority for further 
delegation. With this authority, NASA used the Centennial of Flight 
Commission's name on its exhibits, educational, historical and 
experimental programs and materials to support a year-long 
commemoration that started in December 2002. NASA's recognition of the 
Centennial ended December 17, 2003. Therefore, this section is no 
longer needed.

Statutory Authority

    The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 
20113 (a), authorizes the Administrator of 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, Improvement Regulation and Regulation Review

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). EO 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 EO 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

[[Page 60620]]

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 EO 13132

    EO 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 EO. Therefore, no Federalism assessment is required.

List of Subjects in 14 CFR Part 1204

    Authority delegations.

    Accordingly, under the authority of the National Aeronautics and 
Space Act, as amended, NASA amends 14 CFR part 1204 as follows:

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

0
1. The authority citation for part 1204 subpart 500 is revised to read 
as follows:

    Authority: 51 U.S.C. 20113.


Sec.  1204.506  [Removed and Reserved]

0
2. Remove and reserve Sec.  1204.506.

Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2012-23649 Filed 10-3-12; 8:45 am]
BILLING CODE P
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