NASA Security and Protective Services Enforcement, 5122-5126 [2013-00533]

Download as PDF 5122 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations (b) Records produced by the Committee and the minutes of each meeting will be maintained by the Executive Secretary. Subpart I—NASA Information Security Program Committee 29. Revise § 1203.900 to read as follows: (4) International and Interagency Relations. (b) The Associate Administrator. (c) The General Counsel. (d) The Chief Information Officer. (e) Other members may be designated upon specific request of the Chairperson. ■ § 1203.900 § 1203.1002 Establishment. Pursuant to Executive Order 13526, ‘‘Classified National Security Information,’’ and The Space Act, in accordance with U.S.C. Title 51, National and Commercial Space Program Sections 20132 and 20133, there is established a NASA Information Security Program Committee (as part of the permanent administrative structure of NASA. The NASA Assistant Administrator for Protective Services, or designee, shall be the Chairperson of the Committee. The Information Security Program Manager, NASA Office of Protective Services, is designated to act as the Committee Executive Secretary. § 1203.901 [Amended] 30. Amend § 1203.901, in paragraph (d), by removing the words ‘‘NASA Security Office, NASA Headquarters’’ and adding in their place the ‘‘Office of Protective Services’’. ■ 31. Add subpart J to read as follows: Ad hoc committees. The Chairperson is authorized to establish such ad hoc panels or subcommittees as may be necessary in the conduct of the Committee’s work. § 1203.1003 Meetings. (a) Meetings will be held at the call of the Chairperson. (b) Records produced by the Committee and the minutes of each meeting will be maintained by the Executive Secretary. Charles F. Bolden, Jr., Administrator. [FR Doc. 2013–00532 Filed 1–23–13; 8:45 am] BILLING CODE P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ■ Subpart J—Special Access Programs (SAP) and Sensitive Compartmented Information (SCI) Programs Sec. 1203.1000 General. 1203.1001 Membership. 1203.1002 Ad hoc committees. 1203.1003 Meetings. Subpart J—Special Access Programs (SAP) and Sensitive Compartmented Information (SCI) Programs § 1203.1000 General. A SAP or SCI program shall be created within NASA only upon specific written approval of the Administrator and must be coordinated with the Assistant Administrator for Protective Services, or designee, to ensure required security protocols are implemented and maintained. erowe on DSK2VPTVN1PROD with § 1203.1001 Membership. The Committee membership will consist of the Chairperson, the Executive Secretary, and one person nominated by each of the following NASA officials: (a) The Associate Administrators for: (1) Aeronautics. (2) Science Missions Directorate. (3) Human Explorations and Operations. VerDate Mar<15>2010 14:44 Jan 23, 2013 Jkt 229001 14 CFR Parts 1203a, 1203b, and 1204 [Docket No NASA–2012–0007] RIN 2700–AD89 NASA Security and Protective Services Enforcement National Aeronautics and Space Administration. ACTION: Direct final rule. AGENCY: This direct final rule makes nonsubstantive changes to NASA regulations to clarify the procedures for establishing controlled/secure areas and to revise the definitions for these areas and the process for granting access to these areas, as well as denying or revoking access to such areas. Arrest powers and authority of NASA security force personnel are also updated and clarified to include the carrying of weapons and the use of such weapons should a circumstance require it. The revisions to these rules are part of NASA’s retrospective plan under E.O. 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 March 25, 2013. Comments due on or before February 25, 2013. 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–AD89 and SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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. FOR FURTHER INFORMATION CONTACT: Charles Lombard, 202–358–0891, charles.e.lombard@nasa.gov. SUPPLEMENTARY INFORMATON: Direct Final Rule and Significant Adverse Comments NASA has determined this rulemaking meets the criteria for a direct final rule because it involves clarifications, updating, and minor substantive changes to existing regulations. NASA does not anticipate this direct final rule will result in major changes to its security procedures. However, if NASA receives significant adverse comments, NASA will withdraw this final rule by publishing a note in the Federal Register to review the commented-on language. In determining whether a comment necessitates withdrawal of this final rule, NASA will consider whether it warrants a substantive response in a notice and comment process. Background • Part 1203a, NASA Security Areas, that describes the legal basis and other applicable NASA regulations related to NASA’s security and law enforcement services implementation requirements, was promulgated March 28, 1972, [38 FR 8056]. Changes are being made to align this part with Homeland Security Presidential Directive (HSPD) 12, Policies for a Common Identification Standard for Federal Employees and Contractors, dated August 27, 2004. HSPD 12 establishes a mandatory, Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors to increase Government efficiency, reduce identity fraud, and protect personal privacy. • Part 1203b, Security Programs; Arrest Authority and Use of Force by NASA Security Force Personnel, that describes guidelines for the exercise of arrest authority, was promulgated February 11, 1992, [57 FR 4926]. Changes are being made to align this part with the guidelines described in Executive Order 12977, Interagency Security Committee (ISC) [60 FR 5441]. The ISC is responsible for establishing policies for the security in and protection of Federal facilities, ISC Standards, Physical Security Criteria for E:\FR\FM\24JAR1.SGM 24JAR1 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations erowe on DSK2VPTVN1PROD with Federal Facilities, and ISC Facility Security Level Determinations for Federal Facilities. • Subpart 10 of part 1204, Inspection of Persons and Personal Effects at NASA Installations or on NASA Property; Trespass or Unauthorized Introduction of Weapons or Dangerous Materials, that describes NASA’s policy and minimum procedures concerning the inspection of persons and property in their possession while entering, on, or exiting NASA real property or installations, as well as proscribes unauthorized entry or the unauthorized introduction of weapons or other dangerous instruments or materials at any NASA facility, was promulgated August 3, 2000, [65 FR 47663]. Changes are being made to align this subpart with the guidelines outlined in HSPD 7, Critical Infrastructure Identification, dated December 17, 2003. HSPD 7 establishes a national policy for Federal departments and agencies to identify and prioritize critical infrastructure and to protect it from terrorist attacks. While NASA has the following internal requirements pertaining to these rules, they are not duplicative, but are necessary to ensure that implementation of parts 1203a and 1203b and subpart 10 of part 1204 is consistent, uniform, and standardized: —NPR 1600.1, NASA Security Program Procedural Requirements can be accessed at https:// nodis3.gsfc.nasa.gov/ displayDir.cfm?t=NPR&c=1600&s=1, —NPD 1600.2, NASA Security Policy, can be accessed at https:// nodis3.gsfc.nasa.gov/ displayDir.cfm?t=NPD&c=1600&s=2E. —NPR 1600.2, NASA Classified National Security Information (CNSI), can be accessed at https:// nodis3.gsfc.nasa.gov/ displayDir.cfm?t=NPR&c=1600&s=2 —NPD 1600.3, Policy on Prevention of and Response to Workplace Violence, can be accessed at https:// nodis3.gsfc.nasa.gov/ displayDir.cfm?t=NPD&c=1600&s=3. —NPR 1600.3, Personnel Security, can be accessed at https:// nodis3.gsfc.nasa.gov/ displayDir.cfm?t=NPR&c=1600&s=3. —NPD 1600.4, National Security Programs, can be accessed at https:// nodis3.gsfc.nasa.gov/ displayDir.cfm?t=NPD&c=1600&s=4. Statutory Authority Sections 1203 and 1204 are established under the National Aeronautics and Space Act (Space Act), in accordance with the National and Commercial Space Programs (Title 51 U.S.C.). Sections 20132 and 20133 VerDate Mar<15>2010 14:44 Jan 23, 2013 Jkt 229001 authorize the NASA Administrator to establish security rules and procedures to safeguard NASA’s employees, facilities, and proprietary information and technologies. These rules serve to achieve compliance with the Agency’s objectives in the protection of its people, property, and information. Regulatory Analysis Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improving Regulation and Regulation Review Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (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 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 updates these sections of the CFR to align with Federal guidelines and does not have a significant economic impact on a substantial number of small entities. Review Under the Paperwork Reduction Act This direct final rule does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Review Under Executive Order of 13132 Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255 (August 4, 1999) requires regulations be reviewed for Federalism effects on the institutional interest of states and local governments, and if the effects are sufficiently substantial, preparation of the Federal assessment is required to assist senior policy makers. The amendments will not have any substantial direct effects on state and local governments within the meaning PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 5123 of the Executive Order. Therefore, no Federalism assessment is required. List of Subjects in 14 CFR Parts 1203a, 1203b, and 1204 Government property, NASA Security Areas, Use of Force, Arrest Authority, Use of Firearms. Accordingly, under the authority of the National Aeronautics and Space Act, as amended, (51 U.S.C. 20113), NASA amends 14 CFR parts 1203a, 1203b and 1204 as follows: PART 1203a—NASA SECURITY AREAS 1. The authority citation for part 1203a is revised to read as follows: ■ Authority: The National Aeronautics and Space Act of 1958, as amended, 51 U.S.C. 20101 et seq. § 1203a.100 [Amended] 2. Amend § 1203a.100 as follows: a. In paragraph (a), remove the words ‘‘installations and component installations’’ wherever they appear and add in their place the words ‘‘Centers and Component Facilities’’, add the word ‘‘/proprietary’’ after the word ‘‘classified’’, and remove the words ‘‘or custody’’ after the word ‘‘possession’’. ■ b. In paragraph (b), remove the part number ‘‘1203a’’. ■ 3. Amend § 1203a.101 as follows: ■ a. In paragraph (a), add the word ‘‘/ proprietary’’ after the word ‘‘classified’’, remove the words ‘‘or custody’’ after the word ‘‘possession’’, and remove the words ‘‘installation or component installation’’ and add in their place the words ‘‘Center or Component Facility’’. ■ b. Paragraphs (a)(1) through (3) are revised. ■ c. In paragraph (b), remove the words ‘‘on an interim basis’’ after the word ‘‘established’’. The revisions read as follows: ■ ■ § 1203a.101 * Definitions. * * * * (a) * * * (1) Controlled area. An area in which security measures are taken to safeguard and control access to property and hazardous materials or other sensitive material or to protect operations that are vital to the accomplishment of the mission assigned to a Center or Component Facility. The controlled area shall have a clearly defined perimeter, but permanent physical barriers are not required. (2) Limited area. An area in which security measures are taken to safeguard or control access to classified material or unclassified property warranting special protection or property and E:\FR\FM\24JAR1.SGM 24JAR1 erowe on DSK2VPTVN1PROD with 5124 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations hazardous materials or to protect operations that are vital to the accomplishment of the mission assigned to a Center or Component Facility. A Limited Area shall also have a clearly defined perimeter, but differs from a Controlled Area in that permanent physical barriers and access control devices, including walls and doors with locks or access devices, are emplaced to assist the occupants in keeping out unauthorized personnel. All facilities designated as NASA Critical Infrastructure or a key resource will be designated at a minimum as ‘‘Limited’’ areas. (3) Exclusion area. An area that is a permanent facility dedicated solely to the safeguarding and use of Classified National Security Information. It is used when vaults are unsuitable or impractical and where entry to the area alone provides visible or audible access to classified material. To prevent unauthorized access to an exclusion area, visitors will be escorted or other internal restrictions implemented, as determined by the Center Security Office. * * * * * ■ 4. Amend § 1203a.102 as follows: ■ a. Paragraph (a)(1) introductory text is revised. ■ b. In paragraph (a)(1)(iii), remove the word ‘‘Government’’ and add in its place the words ‘‘NASA or NASA contractor’’. ■ c. In paragraph (a)(2), remove the words ‘‘Director of Security’’ and add in their place the words, ‘‘Assistant Administrator for Protective Services’’ and remove the word ‘‘will’’ and add in its place the word ‘‘shall’’. ■ d. In paragraph (a)(3)(i) introductory text, remove the word ‘‘As’’ and add in its place the word ‘‘At’’ and remove the words ‘‘Director of Security’’ and add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ e. In paragraph (a)(3)(i)(a), remove the words ‘‘NASA field or component installation, facility’’ and add in their place the words ‘‘NASA Center or Component Facility’’. ■ f. In paragraph (a)(3)(i)(b), remove the words ‘‘NASA field or component installation’’ and add in their place the words ‘‘NASA Center or Component Facility’’. ■ g. In paragraph (a)(3)(i)(c), remove the word ‘‘restricted’’ and add in its place the word ‘‘controlled’’ and remove the word ‘‘closed’’ and add in its place the word ‘‘Exclusion’’. ■ h. In paragraph (a)(3)(ii), remove the word ‘‘installation’’ and add in its place the word ‘‘Center’’ and remove the words ‘‘Security Division’’ and add in VerDate Mar<15>2010 14:44 Jan 23, 2013 Jkt 229001 their place the words ‘‘Assistant Administrator for Protective Services’’. ■ i. In paragraph (b) introductory text, remove the word ‘‘As’’ and add in its place the word ‘‘At,’’ and place a comma ‘‘,’’ after the word ‘‘minimum’’. ■ j. In paragraph (b)(1), remove the words ‘‘Director of Security’’ and add in their place the words ‘‘Assistant Administrator for Protective Services.’’ ■ k. In paragraph (b)(4), remove the words ‘‘installation or component installation’’ and add in their place the words ‘‘Center or Component Facility.’’ ■ l. In paragraph (c), remove the words ‘‘Director of Security’’ and add in their place the words ‘‘Assistant Administrator for Protective Services.’’ § 1203a.102 Establishment, maintenance, and revocation of security areas. (a) * * * (1) Directors of NASA Centers, including Component Facilities and Technical and Service Support Centers, and the Executive Director for Headquarters Operations at NASA Headquarters may establish, maintain, and protect such areas designated as Controlled, Limited, or Exclusion, depending upon their assessment of the potential for unauthorized persons either to: * * * * * § 1203a.103 [Amended] 5. Amend § 1203a.103 as follows: a. In paragraph (a)(1), remove the word ‘‘Restricted’’ and add in its place the word ‘‘Controlled.’’ In paragraph (a)(2), remove the words ‘‘involved or be the recipient of a satisfactorily completed national agency check if classified material or information is not involved’’ and add in their place the words ‘‘held, discussed, or disseminated on site or is the holder of a positive national agency check if classified material or information is not involved.’’ In paragraph (a)(3), remove the word ‘‘Closed’’ and add in its place the word ‘‘Exclusion.’’ In paragraph (b), remove the words ‘‘directors of NASA field and component installations, and the Director of Headquarters Administration for NASA Headquarters (including component installations)’’ and add in their place the words ‘‘Center Directors, including Component Facilities and Technical and Service Support Centers, and the Executive Director for Headquarters Operations, NASA Headquarters,’’ remove the words ‘‘continued presence’’ and add in their place the word ‘‘access’’ and remove the word ‘‘therein’’ wherever it appears. ■ ■ PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 § 1203a.104 [Amended] 6. Amend § 1203a.104 as follows: In paragraph (a), remove the words ‘‘directors of NASA field and component installations (or their designees) and the Director of Headquarters Administration for NASA Headquarters (including component installations) or his designee’’ and add in their place the words ‘‘Center Directors, including Component Facilities and Technical and Service Support Centers, and the Executive Director for Headquarters, NASA Headquarters.’’ ■ a. In paragraph (b), remove the word ‘‘restricted’’ and add in its place the word ‘‘controlled’’ and remove the word ‘‘closed’’ and add in its place the word ‘‘exclusion.’’ ■ § 1203a.105 [Amended] 7. Amend § 1203a.105 by removing the words ‘‘field and component installations’’ and adding in their place the words ‘‘NASA Centers and Component Facilities,’’ removing the words ‘‘Security Division (Code DHZ)’’ and adding in their place the words ‘‘Assistant Administrator for Protective Services,’’ and removing the words ‘‘NASA Management Instruction 1410.10’’ and adding in their place the words ‘‘NASA Policy Directive 1400.2, Publishing NASA Documents in the Federal Register and Responding to Regulatory Actions.’’ ■ PART 1203b—SECURITY PROGRAMS: ARREST AUTHORITY AND USE OF FORCE BY NASA SECURITY POLICE PERSONNEL 8. The authority citation for part 1203b is revised to read as follows: ■ Authority: The National and Commercial Space Program (51 U.S.C.). Sections 20132 and 20133 et seq. § 1203b.100 [Amended] 9. Amend § 1203b.100 by removing the citation ‘‘section 304(f) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2456a)’’ and adding in its place the citation ‘‘51 U.S.C. National and Commercial Space Programs, sections 20133 and 20134,’’ and removing the word ‘‘arrest’’ before the word ‘‘authority’’ in the second occurrence. ■ § 1203b.101 [Amended] 10. Amend § 1203b.101 by removing the citation ‘‘42 U.S.C 2456a’’ and adding in its place the citation ‘‘51 U.S.C. 20134.’’ ■ E:\FR\FM\24JAR1.SGM 24JAR1 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations § 1203b.102 [Amended] 11. Amend § 1203b.102 by removing the words ‘‘Federal Law Enforcement Training Center’’ and adding in their place the words ‘‘NASA Protective Services Training Academy’’, removing the word ‘‘about’’ and adding in its place the word ‘‘concerning,’’ and removing the word ‘‘tiers’’ and adding in its place the word ‘‘levels’’. ■ § 1203b.103 [Amended] 12. Amend § 1203b.103 as follows: a. In paragraph (a)(1), remove the word ‘‘graduate’’ and add in its place add the words ‘‘have graduated’’. ■ b. In paragraph (a)(2), remove the words ‘‘Associate Administrator for Management Systems and Facilities’’ and add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ c. In paragraph (b)(2), remove the word ‘‘any’’ and add in its place the word ‘‘an’’ and add the words ‘‘Government, NASA, or a NASA contractor’’ after the word ‘‘States’’. ■ d. In paragraph (c), remove the word ‘‘Installation’’ and add in its place the word ‘‘Center’’. ■ 13. Amend § 1203b.104 as follows: ■ a. Revise paragraph (a). ■ b. In paragraph (b), remove the word ‘‘officer’’ and add in its place the word ‘‘personnel.’’ ■ c. Remove paragraph (c). ■ d. Redesignate paragraph (d) as paragraph (c) and remove the word ‘‘that’’ after the word ‘‘ensure’’. The revision reads as follows: ■ ■ § 1203b.104 Exercise of arrest authority— general guidelines. (a) In making an arrest, the security force personnel should announce their authority and that the person is under arrest prior to taking the person into custody. If the circumstances are such that making such an announcement would be useless or dangerous to the security force personnel or others, the security force personnel may dispense with these announcements, but must subsequently identify themselves and their arrest authority to the arrested person(s) as soon as reasonably possible. * * * * * § 1203b.105 [Amended] 14. Amend § 1203b.105 by removing the first occurrence of the word ‘‘officer’’ in and adding in its place the word ‘‘personnel’’. ■ 15. Section 1203b.106 is revised to read as follows: erowe on DSK2VPTVN1PROD with ■ § 1203b.106 Use of deadly force. NASA security force personnel may use deadly force only when necessary, VerDate Mar<15>2010 14:44 Jan 23, 2013 Jkt 229001 that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person. (a) Deadly force may not be used solely to prevent the escape of a fleeing suspect. (b) Firearms may not be fired solely to disable moving vehicles. (c) If feasible and if to do so would not increase the danger to the officer or others, a verbal warning to submit to the authority of the officer shall be given prior to the use of deadly force. (d) Warning shots are not permitted outside of the prison context. (e) Officers will be trained in alternative methods and tactics for handling resisting subjects which must be used when the use of deadly force is not authorized by this policy. § 1203b.107 [Amended] 16. Amend § 1203b.107 as follows: a. In paragraph (a)(1), add the words ‘‘or desist’’ after the word ‘‘halt’’. ■ b. In paragraph (c) introductory text, remove the word ‘‘officer’’ and add in its place the word ‘‘personnel’’. ■ c. In paragraph (c)(1), remove the word ‘‘Installation’’ and add in its place the word ‘‘Center’’ and remove the words ‘‘Security Office’’ and add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ d. In paragraph (c)(2), remove the word ‘‘Installation’’ wherever it appears and add in its place the word ‘‘Center’’ and remove the words ‘‘Associate Administrator for Management Systems and Facilities’’ and add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ e. In paragraph (c)(3), remove the word ‘‘Installation’’ and add in its place the word ‘‘Center,’’ and remove the words ‘‘Associate Administrator for Management Systems and Facilities’’ in the first occurrence and add in their place the words ‘‘Executive Director for Headquarters Operations’’ and in the second occurrence add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ f. In paragraph (c)(4), remove the word ‘‘Installation’’ and add in its place the word ‘‘Center’’ and remove the words ‘‘Associate Administrator for Management Systems and Facilities’’ and add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ ■ § 1203b.108 [Amended] PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 ‘‘Field Installations’’ and add in their place the words ‘‘NASA Centers’’. ■ b. In paragraph (c) introductory text, remove the words ‘‘Associate Administrator for Management Systems and Facilities’’ and add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ c. In paragraph (c)(2), add the word ‘‘requisite’’ after the word ‘‘Demonstrate’’. ■ d. In paragraph (d) introductory text, remove the words ‘‘Associate Administrator for Management Systems and Facilities’’ and add in their place the words ‘‘Assistant Administrator for Protective Services.’’ ■ e. In paragraph (d)(1), remove the word ‘‘Provide’’ and add in its place the word ‘‘Ensure,’’ remove the word ‘‘ensure’’ and add in its place the word ‘‘maintain,’’ remove the word ‘‘updated’’ and add in its place the word ‘‘current,’’ and remove the words ‘‘as to the use’’ after the word ‘‘knowledge’’. ■ f. In paragraph (d)(2), remove the word ‘‘officers’’ and add in its place the word ‘‘personnel’’. ■ g. In paragraph (e), remove the words ‘‘Associate Administrator for Management Systems and Facilities’’ and add in their place the words ‘‘Executive Director for Headquarters Operations,’’ remove the word ‘‘Installation’’ and add in its place the word ‘‘Center,’’ remove the words ‘‘management instructions’’ and add in their place the words ‘‘policies and procedural requirements,’’ remove the words ‘‘Headquarters/Installation’’ and add in their place the words ‘‘NASA Headquarters or NASA Center.’’ § 1203b.109 [Amended] 18. Amend § 1203b.109 by removing the words ‘‘do not’’ after the word ‘‘to’’. ■ PART 1204—ADMINISTRATIVE AUTHORITY AND POLICY Subpart 10—Inspection of Persons and Personal Effects at NASA Installations or on NASA Property; Trespass or Unauthorized Introduction of Weapons or Dangerous Materials 19. The authority citation for part 1204, subpart 10, is revised to read as follows: ■ Authority: The National and Commercial Space Program (51 U.S.C.). Sections 20132 and 20133 et seq. § 1204.1000 [Amended] 20. Amend § 1204.1000 by removing the word ‘‘minimum’’ and adding in its place the word ‘‘baseline,’’ removing the word, ‘‘installations’’ and adding in its place the word ‘‘facilities,’’ adding the ■ 17. Amend § 1203b.108 as follows: a. In paragraph (b), add the acronym ‘‘NASA’’ before the word ‘‘Headquarters’’ and remove the words ■ ■ 5125 E:\FR\FM\24JAR1.SGM 24JAR1 5126 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations § 1204.1004 acronym ‘‘NASA’’ before the word ‘‘Centers.’’ and removing the second occurrence of the word ‘‘installation’’ and adding in its place the word ‘‘facility’’. § 1204.1001 [Amended] 21. Amend § 1204.1001 as follows: a. In paragraph (a), remove the word, ‘‘installations’’ and add in its place the word ‘‘facilities,’’ add the acronym ‘‘NASA’’ in front of the word ‘‘Centers,’’ remove the word ‘‘from,’’ and remove the word ‘‘installation’’ at the second occurrence and add in its place the word ‘‘facility’’. ■ b. In paragraph (b), remove the words ‘‘It is determined that,’’ capitalize the ‘‘T’’ in the word ‘‘this’’ and remove the word ‘‘installations’’ wherever it appears and add in its place the word ‘‘facilities’’. ■ [Amended] 22. Amend § 1204.1002 by removing the words ‘‘Associate Administrator’’ and adding in their place the words ‘‘Executive Director’’. ■ § 1204.1003 [Amended] 23. Amend § 1204.1003 as follows: a. In paragraph (a) introductory text, remove the word, ‘‘installations’’ and add in its place the word ‘‘facilities’’ and add the acronym ‘‘NASA’’ in front of the word ‘‘Centers’’. ■ b. In paragraph (a)(1), capitalize the entire paragraph and remove the word ‘‘installation’’ and add in its place the word ‘‘FACILITY’’. ■ c. In paragraph (a)(2), capitalize the entire paragraph, remove the colon after the word ‘‘PROHIBITED,’’ add a period after the acronym ‘‘NASA’’, and add the words ‘‘UNLESS AUTHORIZED BY NASA’’ after the word ‘‘property.’’ ■ d. In paragraph (b), remove the word ‘‘installation’s’’ and add in its place the word ‘‘facility’s’’ and remove the words ‘‘Director, Security Management Office’’ and add in their place the words ‘‘Assistant Administrator for Protective Services’’. ■ e. In paragraph (c), remove the word ‘‘admission’’ and add in its place the word ‘‘entry’’ and remove the word ‘‘installation’’ and add in its place the word ‘‘facility’’. ■ f. In paragraph (d), remove the word ‘‘installation’’ wherever it appears and add in its place the word ‘‘facility’’ and remove the word ‘‘admission’’ and add in its place the word ‘‘entry’’. ■ g. In paragraph (e), remove the word ‘‘installation’’ and add in its place the word ‘‘facility’’. ■ erowe on DSK2VPTVN1PROD with ■ VerDate Mar<15>2010 14:44 Jan 23, 2013 Jkt 229001 24. Amend § 1204.1004 by removing the word ‘‘installation’’ and adding in its place the word ‘‘facility’’. ■ 25. Amend § 1204.1005 as follows: ■ a. Revise paragraph (a). ■ b. In paragraph (b), remove the words ‘‘Paragraph (a) of this section’’ and add in their place the words ‘‘§ 1204.1003, paragraph (a)(2)’’. ■ c. In paragraph (b)(2), remove the word ‘‘installation’’ wherever it appears and add in its place the word ‘‘facility’’. The revision reads as follows: ■ ■ § 1204.1002 [Amended] § 1204.1005 Unauthorized introduction of firearms or weapons, explosives, or other dangerous materials. (a) Refer to the notice in § 1204.1003, paragraph (a)(2), for a description of the consequences for unauthorized introduction of firearms or weapons, explosives, or other dangerous materials. * * * * * § 1204.1006 [Amended] 26. Amend § 1204.1006 by removing the words ‘‘Please take notice that’’ and capitalizing the letter ‘‘A’’ in the word ‘‘anyone’’. ■ Charles F. Bolden, Jr., Administrator. [FR Doc. 2013–00533 Filed 1–23–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–1334; Directorate Identifier 2012–NE–49–AD; Amendment 39– 17324; AD 2013–02–03] RIN 2120–AA64 Airworthiness Directives; Rolls-Royce plc Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211–Trent 970– 84, 970B–84, 972–84, 972B–84, 977–84, 977B–84, and 980–84 turbofan engines. This AD requires replacement of the fuel oil heat exchanger (FOHE). This AD was prompted by a report of an in-flight increase of N2 intermediate pressure rotor vibrations resulting in an engine surge and pilot shut down of the engine. We are issuing this AD to prevent rotor SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 bearing oil starvation, uncontained engine failure, and damage to the airplane. This AD becomes effective January 24, 2013. We must receive comments on this AD by March 11, 2013. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 202–493–2251. For service information identified in this AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, DE248BJ, United Kingdom; phone: 44 (0) 1332 242424; fax: 44 (0) 1332 249936, or email: https://www.rollsroyce.com/contact/civil_team.jsp. You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7125. DATES: Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (phone: 800–647–5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7754; fax: 781–238– 7199; email: robert.green@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued mandatory continuing airworthiness information (MCAI) EASA AD 2012–0260, dated E:\FR\FM\24JAR1.SGM 24JAR1

Agencies

[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Rules and Regulations]
[Pages 5122-5126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00533]


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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Parts 1203a, 1203b, and 1204

[Docket No NASA-2012-0007]
RIN 2700-AD89


NASA Security and Protective Services Enforcement

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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

SUMMARY: This direct final rule makes nonsubstantive changes to NASA 
regulations to clarify the procedures for establishing controlled/
secure areas and to revise the definitions for these areas and the 
process for granting access to these areas, as well as denying or 
revoking access to such areas. Arrest powers and authority of NASA 
security force personnel are also updated and clarified to include the 
carrying of weapons and the use of such weapons should a circumstance 
require it. The revisions to these rules are part of NASA's 
retrospective plan under E.O. 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 March 25, 2013. Comments 
due on or before February 25, 2013. 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-AD89 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: Charles Lombard, 202-358-0891, 
charles.e.lombard@nasa.gov.

SUPPLEMENTARY INFORMATON:

Direct Final Rule and Significant Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves clarifications, updating, and minor 
substantive changes to existing regulations. NASA does not anticipate 
this direct final rule will result in major changes to its security 
procedures. However, if NASA receives significant adverse comments, 
NASA will withdraw this final rule by publishing a note in the Federal 
Register to review the commented-on language. In determining whether a 
comment necessitates withdrawal of this final rule, NASA will consider 
whether it warrants a substantive response in a notice and comment 
process.

Background

     Part 1203a, NASA Security Areas, that describes the legal 
basis and other applicable NASA regulations related to NASA's security 
and law enforcement services implementation requirements, was 
promulgated March 28, 1972, [38 FR 8056]. Changes are being made to 
align this part with Homeland Security Presidential Directive (HSPD) 
12, Policies for a Common Identification Standard for Federal Employees 
and Contractors, dated August 27, 2004. HSPD 12 establishes a 
mandatory, Government-wide standard for secure and reliable forms of 
identification issued by the Federal Government to its employees and 
contractors to increase Government efficiency, reduce identity fraud, 
and protect personal privacy.
     Part 1203b, Security Programs; Arrest Authority and Use of 
Force by NASA Security Force Personnel, that describes guidelines for 
the exercise of arrest authority, was promulgated February 11, 1992, 
[57 FR 4926]. Changes are being made to align this part with the 
guidelines described in Executive Order 12977, Interagency Security 
Committee (ISC) [60 FR 5441]. The ISC is responsible for establishing 
policies for the security in and protection of Federal facilities, ISC 
Standards, Physical Security Criteria for

[[Page 5123]]

Federal Facilities, and ISC Facility Security Level Determinations for 
Federal Facilities.
     Subpart 10 of part 1204, Inspection of Persons and 
Personal Effects at NASA Installations or on NASA Property; Trespass or 
Unauthorized Introduction of Weapons or Dangerous Materials, that 
describes NASA's policy and minimum procedures concerning the 
inspection of persons and property in their possession while entering, 
on, or exiting NASA real property or installations, as well as 
proscribes unauthorized entry or the unauthorized introduction of 
weapons or other dangerous instruments or materials at any NASA 
facility, was promulgated August 3, 2000, [65 FR 47663]. Changes are 
being made to align this subpart with the guidelines outlined in HSPD 
7, Critical Infrastructure Identification, dated December 17, 2003. 
HSPD 7 establishes a national policy for Federal departments and 
agencies to identify and prioritize critical infrastructure and to 
protect it from terrorist attacks.
    While NASA has the following internal requirements pertaining to 
these rules, they are not duplicative, but are necessary to ensure that 
implementation of parts 1203a and 1203b and subpart 10 of part 1204 is 
consistent, uniform, and standardized:

--NPR 1600.1, NASA Security Program Procedural Requirements can be 
accessed at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=1,
--NPD 1600.2, NASA Security Policy, can be accessed at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1600&s=2E.
--NPR 1600.2, NASA Classified National Security Information (CNSI), can 
be accessed at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=2
--NPD 1600.3, Policy on Prevention of and Response to Workplace 
Violence, can be accessed at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1600&s=3.
--NPR 1600.3, Personnel Security, can be accessed at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=3.
--NPD 1600.4, National Security Programs, can be accessed at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1600&s=4.

Statutory Authority

    Sections 1203 and 1204 are established under the National 
Aeronautics and Space Act (Space Act), in accordance with the National 
and Commercial Space Programs (Title 51 U.S.C.). Sections 20132 and 
20133 authorize the NASA Administrator to establish security rules and 
procedures to safeguard NASA's employees, facilities, and proprietary 
information and technologies. These rules serve to achieve compliance 
with the Agency's objectives in the protection of its people, property, 
and information.

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review and Executive 
Order 13563, Improving Regulation and Regulation Review

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (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 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 updates these sections of 
the CFR to align with Federal guidelines and does not have a 
significant economic impact on a substantial number of small entities.

Review Under the Paperwork Reduction Act

    This direct final rule does not contain any information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Review Under Executive Order of 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
requires regulations be reviewed for Federalism effects on the 
institutional interest of states and local governments, and if the 
effects are sufficiently substantial, preparation of the Federal 
assessment is required to assist senior policy makers. The amendments 
will not have any substantial direct effects on state and local 
governments within the meaning of the Executive Order. Therefore, no 
Federalism assessment is required.

List of Subjects in 14 CFR Parts 1203a, 1203b, and 1204

    Government property, NASA Security Areas, Use of Force, Arrest 
Authority, Use of Firearms.

    Accordingly, under the authority of the National Aeronautics and 
Space Act, as amended, (51 U.S.C. 20113), NASA amends 14 CFR parts 
1203a, 1203b and 1204 as follows:

PART 1203a--NASA SECURITY AREAS

0
1. The authority citation for part 1203a is revised to read as follows:

    Authority: The National Aeronautics and Space Act of 1958, as 
amended, 51 U.S.C. 20101 et seq.


Sec.  1203a.100  [Amended]

0
2. Amend Sec.  1203a.100 as follows:
0
a. In paragraph (a), remove the words ``installations and component 
installations'' wherever they appear and add in their place the words 
``Centers and Component Facilities'', add the word ``/proprietary'' 
after the word ``classified'', and remove the words ``or custody'' 
after the word ``possession''.
0
b. In paragraph (b), remove the part number ``1203a''.

0
3. Amend Sec.  1203a.101 as follows:
0
a. In paragraph (a), add the word ``/proprietary'' after the word 
``classified'', remove the words ``or custody'' after the word 
``possession'', and remove the words ``installation or component 
installation'' and add in their place the words ``Center or Component 
Facility''.
0
b. Paragraphs (a)(1) through (3) are revised.
0
c. In paragraph (b), remove the words ``on an interim basis'' after the 
word ``established''.
    The revisions read as follows:


Sec.  1203a.101  Definitions.

* * * * *
    (a) * * *
    (1) Controlled area. An area in which security measures are taken 
to safeguard and control access to property and hazardous materials or 
other sensitive material or to protect operations that are vital to the 
accomplishment of the mission assigned to a Center or Component 
Facility. The controlled area shall have a clearly defined perimeter, 
but permanent physical barriers are not required.
    (2) Limited area. An area in which security measures are taken to 
safeguard or control access to classified material or unclassified 
property warranting special protection or property and

[[Page 5124]]

hazardous materials or to protect operations that are vital to the 
accomplishment of the mission assigned to a Center or Component 
Facility. A Limited Area shall also have a clearly defined perimeter, 
but differs from a Controlled Area in that permanent physical barriers 
and access control devices, including walls and doors with locks or 
access devices, are emplaced to assist the occupants in keeping out 
unauthorized personnel. All facilities designated as NASA Critical 
Infrastructure or a key resource will be designated at a minimum as 
``Limited'' areas.
    (3) Exclusion area. An area that is a permanent facility dedicated 
solely to the safeguarding and use of Classified National Security 
Information. It is used when vaults are unsuitable or impractical and 
where entry to the area alone provides visible or audible access to 
classified material. To prevent unauthorized access to an exclusion 
area, visitors will be escorted or other internal restrictions 
implemented, as determined by the Center Security Office.
* * * * *

0
4. Amend Sec.  1203a.102 as follows:
0
a. Paragraph (a)(1) introductory text is revised.
0
b. In paragraph (a)(1)(iii), remove the word ``Government'' and add in 
its place the words ``NASA or NASA contractor''.
0
c. In paragraph (a)(2), remove the words ``Director of Security'' and 
add in their place the words, ``Assistant Administrator for Protective 
Services'' and remove the word ``will'' and add in its place the word 
``shall''.
0
d. In paragraph (a)(3)(i) introductory text, remove the word ``As'' and 
add in its place the word ``At'' and remove the words ``Director of 
Security'' and add in their place the words ``Assistant Administrator 
for Protective Services''.
0
e. In paragraph (a)(3)(i)(a), remove the words ``NASA field or 
component installation, facility'' and add in their place the words 
``NASA Center or Component Facility''.
0
f. In paragraph (a)(3)(i)(b), remove the words ``NASA field or 
component installation'' and add in their place the words ``NASA Center 
or Component Facility''.
0
g. In paragraph (a)(3)(i)(c), remove the word ``restricted'' and add in 
its place the word ``controlled'' and remove the word ``closed'' and 
add in its place the word ``Exclusion''.
0
h. In paragraph (a)(3)(ii), remove the word ``installation'' and add in 
its place the word ``Center'' and remove the words ``Security 
Division'' and add in their place the words ``Assistant Administrator 
for Protective Services''.
0
i. In paragraph (b) introductory text, remove the word ``As'' and add 
in its place the word ``At,'' and place a comma ``,'' after the word 
``minimum''.
0
j. In paragraph (b)(1), remove the words ``Director of Security'' and 
add in their place the words ``Assistant Administrator for Protective 
Services.''
0
k. In paragraph (b)(4), remove the words ``installation or component 
installation'' and add in their place the words ``Center or Component 
Facility.''
0
l. In paragraph (c), remove the words ``Director of Security'' and add 
in their place the words ``Assistant Administrator for Protective 
Services.''


Sec.  1203a.102  Establishment, maintenance, and revocation of security 
areas.

    (a) * * *
    (1) Directors of NASA Centers, including Component Facilities and 
Technical and Service Support Centers, and the Executive Director for 
Headquarters Operations at NASA Headquarters may establish, maintain, 
and protect such areas designated as Controlled, Limited, or Exclusion, 
depending upon their assessment of the potential for unauthorized 
persons either to:
* * * * *


Sec.  1203a.103  [Amended]

0
5. Amend Sec.  1203a.103 as follows:
0
a. In paragraph (a)(1), remove the word ``Restricted'' and add in its 
place the word ``Controlled.''
    In paragraph (a)(2), remove the words ``involved or be the 
recipient of a satisfactorily completed national agency check if 
classified material or information is not involved'' and add in their 
place the words ``held, discussed, or disseminated on site or is the 
holder of a positive national agency check if classified material or 
information is not involved.''
    In paragraph (a)(3), remove the word ``Closed'' and add in its 
place the word ``Exclusion.''
    In paragraph (b), remove the words ``directors of NASA field and 
component installations, and the Director of Headquarters 
Administration for NASA Headquarters (including component 
installations)'' and add in their place the words ``Center Directors, 
including Component Facilities and Technical and Service Support 
Centers, and the Executive Director for Headquarters Operations, NASA 
Headquarters,'' remove the words ``continued presence'' and add in 
their place the word ``access'' and remove the word ``therein'' 
wherever it appears.


Sec.  1203a.104  [Amended]

0
6. Amend Sec.  1203a.104 as follows:
    In paragraph (a), remove the words ``directors of NASA field and 
component installations (or their designees) and the Director of 
Headquarters Administration for NASA Headquarters (including component 
installations) or his designee'' and add in their place the words 
``Center Directors, including Component Facilities and Technical and 
Service Support Centers, and the Executive Director for Headquarters, 
NASA Headquarters.''
0
a. In paragraph (b), remove the word ``restricted'' and add in its 
place the word ``controlled'' and remove the word ``closed'' and add in 
its place the word ``exclusion.''


Sec.  1203a.105  [Amended]

0
7. Amend Sec.  1203a.105 by removing the words ``field and component 
installations'' and adding in their place the words ``NASA Centers and 
Component Facilities,'' removing the words ``Security Division (Code 
DHZ)'' and adding in their place the words ``Assistant Administrator 
for Protective Services,'' and removing the words ``NASA Management 
Instruction 1410.10'' and adding in their place the words ``NASA Policy 
Directive 1400.2, Publishing NASA Documents in the Federal Register and 
Responding to Regulatory Actions.''

PART 1203b--SECURITY PROGRAMS: ARREST AUTHORITY AND USE OF FORCE BY 
NASA SECURITY POLICE PERSONNEL

0
8. The authority citation for part 1203b is revised to read as follows:

    Authority: The National and Commercial Space Program (51 
U.S.C.). Sections 20132 and 20133 et seq.


Sec.  1203b.100  [Amended]

0
9. Amend Sec.  1203b.100 by removing the citation ``section 304(f) of 
the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 
2456a)'' and adding in its place the citation ``51 U.S.C. National and 
Commercial Space Programs, sections 20133 and 20134,'' and removing the 
word ``arrest'' before the word ``authority'' in the second occurrence.


Sec.  1203b.101  [Amended]

0
10. Amend Sec.  1203b.101 by removing the citation ``42 U.S.C 2456a'' 
and adding in its place the citation ``51 U.S.C. 20134.''

[[Page 5125]]

Sec.  1203b.102  [Amended]

0
11. Amend Sec.  1203b.102 by removing the words ``Federal Law 
Enforcement Training Center'' and adding in their place the words 
``NASA Protective Services Training Academy'', removing the word 
``about'' and adding in its place the word ``concerning,'' and removing 
the word ``tiers'' and adding in its place the word ``levels''.


Sec.  1203b.103  [Amended]

0
12. Amend Sec.  1203b.103 as follows:
0
a. In paragraph (a)(1), remove the word ``graduate'' and add in its 
place add the words ``have graduated''.
0
b. In paragraph (a)(2), remove the words ``Associate Administrator for 
Management Systems and Facilities'' and add in their place the words 
``Assistant Administrator for Protective Services''.
0
c. In paragraph (b)(2), remove the word ``any'' and add in its place 
the word ``an'' and add the words ``Government, NASA, or a NASA 
contractor'' after the word ``States''.
0
d. In paragraph (c), remove the word ``Installation'' and add in its 
place the word ``Center''.

0
13. Amend Sec.  1203b.104 as follows:
0
a. Revise paragraph (a).
0
b. In paragraph (b), remove the word ``officer'' and add in its place 
the word ``personnel.''
0
c. Remove paragraph (c).
0
d. Redesignate paragraph (d) as paragraph (c) and remove the word 
``that'' after the word ``ensure''.
    The revision reads as follows:


Sec.  1203b.104  Exercise of arrest authority--general guidelines.

    (a) In making an arrest, the security force personnel should 
announce their authority and that the person is under arrest prior to 
taking the person into custody. If the circumstances are such that 
making such an announcement would be useless or dangerous to the 
security force personnel or others, the security force personnel may 
dispense with these announcements, but must subsequently identify 
themselves and their arrest authority to the arrested person(s) as soon 
as reasonably possible.
* * * * *


Sec.  1203b.105  [Amended]

0
14. Amend Sec.  1203b.105 by removing the first occurrence of the word 
``officer'' in and adding in its place the word ``personnel''.

0
15. Section 1203b.106 is revised to read as follows:


Sec.  1203b.106  Use of deadly force.

    NASA security force personnel may use deadly force only when 
necessary, that is, when the officer has a reasonable belief that the 
subject of such force poses an imminent danger of death or serious 
physical injury to the officer or to another person.
    (a) Deadly force may not be used solely to prevent the escape of a 
fleeing suspect.
    (b) Firearms may not be fired solely to disable moving vehicles.
    (c) If feasible and if to do so would not increase the danger to 
the officer or others, a verbal warning to submit to the authority of 
the officer shall be given prior to the use of deadly force.
    (d) Warning shots are not permitted outside of the prison context.
    (e) Officers will be trained in alternative methods and tactics for 
handling resisting subjects which must be used when the use of deadly 
force is not authorized by this policy.


Sec.  1203b.107  [Amended]

0
16. Amend Sec.  1203b.107 as follows:
0
a. In paragraph (a)(1), add the words ``or desist'' after the word 
``halt''.
0
b. In paragraph (c) introductory text, remove the word ``officer'' and 
add in its place the word ``personnel''.
0
c. In paragraph (c)(1), remove the word ``Installation'' and add in its 
place the word ``Center'' and remove the words ``Security Office'' and 
add in their place the words ``Assistant Administrator for Protective 
Services''.
0
d. In paragraph (c)(2), remove the word ``Installation'' wherever it 
appears and add in its place the word ``Center'' and remove the words 
``Associate Administrator for Management Systems and Facilities'' and 
add in their place the words ``Assistant Administrator for Protective 
Services''.
0
e. In paragraph (c)(3), remove the word ``Installation'' and add in its 
place the word ``Center,'' and remove the words ``Associate 
Administrator for Management Systems and Facilities'' in the first 
occurrence and add in their place the words ``Executive Director for 
Headquarters Operations'' and in the second occurrence add in their 
place the words ``Assistant Administrator for Protective Services''.
0
f. In paragraph (c)(4), remove the word ``Installation'' and add in its 
place the word ``Center'' and remove the words ``Associate 
Administrator for Management Systems and Facilities'' and add in their 
place the words ``Assistant Administrator for Protective Services''.


Sec.  1203b.108  [Amended]

0
17. Amend Sec.  1203b.108 as follows:
0
a. In paragraph (b), add the acronym ``NASA'' before the word 
``Headquarters'' and remove the words ``Field Installations'' and add 
in their place the words ``NASA Centers''.
0
b. In paragraph (c) introductory text, remove the words ``Associate 
Administrator for Management Systems and Facilities'' and add in their 
place the words ``Assistant Administrator for Protective Services''.
0
c. In paragraph (c)(2), add the word ``requisite'' after the word 
``Demonstrate''.
0
d. In paragraph (d) introductory text, remove the words ``Associate 
Administrator for Management Systems and Facilities'' and add in their 
place the words ``Assistant Administrator for Protective Services.''
0
e. In paragraph (d)(1), remove the word ``Provide'' and add in its 
place the word ``Ensure,'' remove the word ``ensure'' and add in its 
place the word ``maintain,'' remove the word ``updated'' and add in its 
place the word ``current,'' and remove the words ``as to the use'' 
after the word ``knowledge''.
0
f. In paragraph (d)(2), remove the word ``officers'' and add in its 
place the word ``personnel''.
0
g. In paragraph (e), remove the words ``Associate Administrator for 
Management Systems and Facilities'' and add in their place the words 
``Executive Director for Headquarters Operations,'' remove the word 
``Installation'' and add in its place the word ``Center,'' remove the 
words ``management instructions'' and add in their place the words 
``policies and procedural requirements,'' remove the words 
``Headquarters/Installation'' and add in their place the words ``NASA 
Headquarters or NASA Center.''


Sec.  1203b.109  [Amended]

0
18. Amend Sec.  1203b.109 by removing the words ``do not'' after the 
word ``to''.

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

Subpart 10--Inspection of Persons and Personal Effects at NASA 
Installations or on NASA Property; Trespass or Unauthorized 
Introduction of Weapons or Dangerous Materials

0
19. The authority citation for part 1204, subpart 10, is revised to 
read as follows:

    Authority:  The National and Commercial Space Program (51 
U.S.C.). Sections 20132 and 20133 et seq.


Sec.  1204.1000  [Amended]

0
20. Amend Sec.  1204.1000 by removing the word ``minimum'' and adding 
in its place the word ``baseline,'' removing the word, 
``installations'' and adding in its place the word ``facilities,'' 
adding the

[[Page 5126]]

acronym ``NASA'' before the word ``Centers.'' and removing the second 
occurrence of the word ``installation'' and adding in its place the 
word ``facility''.


Sec.  1204.1001  [Amended]

0
21. Amend Sec.  1204.1001 as follows:
0
a. In paragraph (a), remove the word, ``installations'' and add in its 
place the word ``facilities,'' add the acronym ``NASA'' in front of the 
word ``Centers,'' remove the word ``from,'' and remove the word 
``installation'' at the second occurrence and add in its place the word 
``facility''.
0
b. In paragraph (b), remove the words ``It is determined that,'' 
capitalize the ``T'' in the word ``this'' and remove the word 
``installations'' wherever it appears and add in its place the word 
``facilities''.


Sec.  1204.1002  [Amended]

0
22. Amend Sec.  1204.1002 by removing the words ``Associate 
Administrator'' and adding in their place the words ``Executive 
Director''.


Sec.  1204.1003  [Amended]

0
23. Amend Sec.  1204.1003 as follows:
0
a. In paragraph (a) introductory text, remove the word, 
``installations'' and add in its place the word ``facilities'' and add 
the acronym ``NASA'' in front of the word ``Centers''.
0
b. In paragraph (a)(1), capitalize the entire paragraph and remove the 
word ``installation'' and add in its place the word ``FACILITY''.
0
c. In paragraph (a)(2), capitalize the entire paragraph, remove the 
colon after the word ``PROHIBITED,'' add a period after the acronym 
``NASA'', and add the words ``UNLESS AUTHORIZED BY NASA'' after the 
word ``property.''
0
d. In paragraph (b), remove the word ``installation's'' and add in its 
place the word ``facility's'' and remove the words ``Director, Security 
Management Office'' and add in their place the words ``Assistant 
Administrator for Protective Services''.
0
e. In paragraph (c), remove the word ``admission'' and add in its place 
the word ``entry'' and remove the word ``installation'' and add in its 
place the word ``facility''.
0
f. In paragraph (d), remove the word ``installation'' wherever it 
appears and add in its place the word ``facility'' and remove the word 
``admission'' and add in its place the word ``entry''.
0
g. In paragraph (e), remove the word ``installation'' and add in its 
place the word ``facility''.


Sec.  1204.1004  [Amended]

0
24. Amend Sec.  1204.1004 by removing the word ``installation'' and 
adding in its place the word ``facility''.

0
25. Amend Sec.  1204.1005 as follows:
0
a. Revise paragraph (a).
0
b. In paragraph (b), remove the words ``Paragraph (a) of this section'' 
and add in their place the words ``Sec.  1204.1003, paragraph (a)(2)''.
0
c. In paragraph (b)(2), remove the word ``installation'' wherever it 
appears and add in its place the word ``facility''.
    The revision reads as follows:


Sec.  1204.1005  Unauthorized introduction of firearms or weapons, 
explosives, or other dangerous materials.

    (a) Refer to the notice in Sec.  1204.1003, paragraph (a)(2), for a 
description of the consequences for unauthorized introduction of 
firearms or weapons, explosives, or other dangerous materials.
* * * * *


Sec.  1204.1006  [Amended]

0
26. Amend Sec.  1204.1006 by removing the words ``Please take notice 
that'' and capitalizing the letter ``A'' in the word ``anyone''.

Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2013-00533 Filed 1-23-13; 8:45 am]
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