NASA Security and Protective Services Enforcement, 5122-5126 [2013-00533]
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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.
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§ 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.
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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:
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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
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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
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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
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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
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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
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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.
■
■
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§ 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.’’
■
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§ 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:
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■
§ 1203b.106
Use of deadly force.
NASA security force personnel may
use deadly force only when necessary,
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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]
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‘‘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
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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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