Removal of Redundant Regulations, 76057-76059 [2013-29475]
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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it removes
controlled airspace at Vermilion
Regional Airport, Danville, IL.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air)
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9X, Airspace
Designations and Reporting Points,
dated August 7, 2013, and effective
■
VerDate Mar<15>2010
17:19 Dec 13, 2013
Jkt 232001
September 15, 2013, is amended as
follows:
Paragraph 6002 Class E airspace designated
as surface areas.
*
*
*
*
*
AGL IL E2 Danville, IL [Removed]
Issued in Fort Worth, Texas, on November
27, 2013.
David P. Medina,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2013–29318 Filed 12–13–13; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Parts 1204, 1230, and 1232
[Docket Number: NASA 2013–0004]
RIN 2700–AE11
Removal of Redundant Regulations
National Aeronautics and
Space Administration.
ACTION: Direct final rule.
AGENCY:
This direct final rule makes
nonsubstantive changes by removing
redundant regulatory language that is
already captured in statues that govern
NASA activities related to delegation of
authority of certain civil rights
functions, protection of human subjects,
and care and use of animals in the
conduct of NASA activities. Therefore,
NASA regulations will be streamlined to
make reference to those statutes.
DATES: This direct final rule is effective
on February 14, 2014. Comments are
due on or before January 15, 2014. 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–AE11 and
may be sent to NASA via the Federal ERulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Please note that NASA will post all
comments on the Internet with changes,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
Nanette Jennings, 202–358–0819.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Direct Final Rule Adverse Comments
NASA has determined this
rulemaking meets the criteria for a
direct final rule because it involves
nonsubstantive changes to remove
redundant regulatory language in 14
CFR 1204.508 and Parts 1230 and 1232
PO 00000
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76057
that is already captured in statutes and
regulations that govern NASA activities
related to delegation of authority of
certain civil rights functions, protection
of human subjects, and care and use of
animals in the conduct of NASA
activities. Therefore, Section 1204.508
and Parts 1230 and 1232 will be
streamlined to make reference to the
governing statutes and regulations. No
opposition to the changes and no
significant adverse comments are
expected. However, if the Agency
receives a significant adverse comment,
it will withdraw this direct final rule by
publishing a notice in the Federal
Register. A significant adverse comment
is one that explains: (1) Why the direct
final rule is inappropriate, including
challenges to the rule’s underlying
premise or approach; or (2) why the
direct final rule will be ineffective or
unacceptable without a change. In
determining whether a comment
necessitates withdrawal of this direct
final rule, NASA will consider whether
it warrants a substantive response in a
notice and comment process.
Background
On January 18, 2011, President
Obama signed Executive Order 13563,
Improving Regulation and Regulatory
Review, directing agencies to develop a
plan for a retrospective analysis of
existing regulations. NASA developed
its plan and published it on the
Agency’s open Government Web site at
https://www.nasa.gov/open/. The Agency
conducted an analysis of its existing
regulations to comply with the Order
and determined that Section 1204. 508,
Delegation of Authority of Certain Civil
Rights Functions to Department of
Health, Education, and Welfare, Part
1230, Protection of Human Subjects,
and Part 1232, Care and Use of Animals
in the Conduct of NASA Activities, are
redundant to governing statutes and
regulations, and therefore need to be
streamlined.
Section 1204.508, Delegation of
Authority of Certain Civil Rights
Functions to Department of Health,
Education, and Welfare—The Civil
Rights Act of 1964 (Pub. L. 88–352)
prohibited discrimination in a host of
areas, including employment and
Federally-assisted programs and
activities. To comply with this Act,
NASA promulgated section 1204.508
[32 FR 3883] on March 9, 1967.
Additionally, to implement the
provisions of this Act, the Agency
promulgated internal policies and
requirements, as well as entered into a
memorandum of understanding (MOU)
with the Department of Education
(DOED) on November 12, 1987. Because
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76058
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
Section 1204.508 is redundant to the
Act and the Act alone sufficiently
governs NASA activities related to
delegation of authority of certain civil
rights functions, Section 1204.508 will
be streamlined to make reference to this
Act, as well as NASA internal policies
and requirements and the MOU with the
DOED.
Part 1230, Protection of Human
Subjects—45 CFR Part 46, Protection of
Human Subjects, applies to all research
involving human subjects conducted,
supported, or otherwise subject to
regulation by any Federal department or
agency which takes appropriate
administrative action to make the policy
applicable to such research. To comply
with Part 46, NASA promulgated Part
1230 [56 FR 28012] on June 18, 1991.
Additionally, to implement the
provisions of Part 46, the Agency
promulgated internal policies and
requirements. Because Part 1230 is
redundant to (couldn’t get the below
line to move up) Part 46 and this
regulation alone sufficiently governs
NASA activities related to human
research subjects, Part 1230 will be
streamlined to make reference to Part
46, as well as NASA’s internal policies
and requirements.
Part 1232, Care and Use of Animals
in the Conduct of NASA Activities—The
Animal Welfare Act of 1966 (Pub. L. 89–
544) requires that minimum standards
of care and treatment be provided for
certain animals bred for use in research.
To comply with this Act, NASA
promulgated Part 1232 [54 FR 35870] on
August 30, 1989. Additionally, to
implement the provision of this Act, the
Agency promulgated internal policies
and requirements. Because Part 1232 is
redundant to this Act and the Act alone
sufficiently governs NASA activities
related to care and use of animals, Part
1232 will be streamlined to make
reference to this Act, as well as NASA’s
internal policies and requirements.
pmangrum on DSK3VPTVN1PROD with RULES
Statutory Authority
The National Aeronautics and Space
Act (the Space Act), 51 U.S.C. 20113 (a),
authorizes the Administrator of the
National Aeronautics and Space
Administration (NASA) to make,
promulgate, issue, rescind, and amend
rules and regulations governing the
manner of its operations and the
exercise of the powers vested in it by
law.
VerDate Mar<15>2010
13:31 Dec 13, 2013
Jkt 232001
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, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated as ‘‘not significant’’
under section 3(f) of Executive Order
12866.
Review Under the Regulatory Flexibility
Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
prepare an initial regulatory flexibility
analysis to be published at the time the
proposed rule is published. This
requirement does not apply if the
agency ‘‘certifies that the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities’’ (5 U.S.C. 605).
This rule removes redundant regulatory
language in one section and two parts
from Title 14 of the CFR and, therefore,
does not have a significant economic
impact on a substantial number of small
entities.
Review Under the Paperwork Reduction
Act
This direct final rule does not contain
any information collection requirements
subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Review Under 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.
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List of Subjects in 14 CFR Parts 1204,
1230, and 1232
Federal buildings and facilities,
human research subjects, animal
welfare, and research.
For reasons set forth in the preamble,
NASA amends 14 CFR parts 1204, 1230,
and 1232 as follows:
PART 1204—ADMINISTRATIVE
AUTHORITY AND POLICY
1. The authority citation for part 1204,
subpart 5 continues to read as follows:
■
Authority: 51 U.S.C. 20113.
§ 1204.508
■
[Revised]
2. Revise § 1204.508 as follows:
§ 1204.508 Delegation of authority of
certain civil rights functions to Department
of Education.
It is the National Aeronautics and
Space Administration’s (NASA) policy
to comply with the Civil Rights Act of
1964 (Pub. L. 88–352) that prohibits
discrimination in a host of areas,
including employment and Federallyassisted programs and activities. To
implement the provisions of this Act,
NASA promulgated the following
internal policies and requirements, and
entered into a memorandum of
understanding (MOU) with the
Department of Education to ensure
compliance:
(a) NASA Policy Directive (NPD)
2081.1, Nondiscrimination in Federally
Assisted and Conducted Programs of
NASA, describes the Agency’s policy to
ensure nondiscrimination in Federallyassisted and conducted programs of
NASA, nondiscrimination in Federallyconducted education and training
programs, and access for individuals
with disabilities to Federal electronic
and information technology. NPD
2081.1 is accessible at https://
nodis3.gsfc.nasa.gov/;
(b) NASA Procedural Requirements
(NPR) 2081.1, Nondiscrimination in
Federally Assisted and Conducted
Programs, describes the requirements
for processing complaints of
discrimination, conducting civil rights
compliance reviews, and internal
functional equal opportunity reviews.
NPR 2081.1 is accessible at https://
nodis3.gsfc.nasa.gov/; and
(c) Memorandum of Understanding
between NASA and the Department of
Education delegates both the agencies as
responsible for specific civil rights
compliance duties with respect to
elementary and secondary schools, and
institutions of higher education. The
MOU can be accessed at https://
odeo.hq.nasa.gov/documents/DOEdNASA_MOU.pdf.
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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
■
3. Revise Part 1230 to read as follows:
PART 1230—PROTECTION OF HUMAN
SUBJECTS
Sec.
1230.101
1230.102
1230.103
Scope.
Applicability.
Policy.
Scope.
This Part establishes general policy
for the protection of human subjects,
which is of primary importance in the
conduct of any human research, as
specified under 5 U.S.C. 301; 45 CFR
part 46, subpart A.
§ 1230.102
Applicability.
This Part applies to NASA
Headquarters and NASA Centers,
including Component Facilities, and
Technical and Service Support Centers
for all research involving humans
subjects conducted, supported, or
otherwise subject to regulations by any
Federal department or agency which
takes appropriate administrative action
to make the policy applicable to such
research.
§ 1230.103
Policy.
It is the National Aeronautics and
Space Administration’s (NASA) policy
to comply with 45 CFR part 46, subpart
A, Protection of Human Subjects, which
applies to all research conducted
involving human subjects. To
implement the provisions of 45 part 46,
subpart A, NASA promulgated the
following internal policies and
requirements:
(a) NPD 7100.8, Protection of Human
Research Subjects, describes the
Agency’s policy for human research
conducted or supported, whether on the
ground, in aircraft, or in space. NPD
7100.8 can be accessed at https://
nodis3.gsfc.nasa.gov/; and
(b) NPR 7100.1, Protection of Human
Research Subjects, describes the
requirements for the Agency to conduct
or support research involving human
subjects. NPR 7100.1 can be accessed at
https://nodis3.gsfc.nasa.gov/.
■ 4. Revise Part 1232 to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
PART 1232—CARE AND USE OF
ANIMALS IN THE CONDUCT OF NASA
ACTIVITIES
Sec.
1232.100
1232.101
1232.102
Scope.
This part establishes general policy
for the care and use of vertebrate
animals in the conduct of NASA
activities.
§ 1232.101
Authority: 5 U.S.C. 301; 45 CFR part 46.
§ 1230.101
§ 1232.100
Applicability.
Policy.
It is the National Aeronautics and
Space Administration’s (NASA) policy
to comply with the Animal Welfare Act
of 1966 (Pub. L. 89–544) which requires
that minimum standards of care and
treatment be provided for certain
animals bred for use in research. To
implement the provisions of this Act,
NASA promulgated the following
internal policies and requirements:
(a) NASA Policy Directive (NPD)
8910.1, Care and Use of Animals,
describes the policy and responsibilities
for conducting activities involving
vertebrate animals. NPD 8910.1 is
accessible at https://
nodis3.gsfc.nasa.gov/; and
(b) NASA Procedural Requirements
(NPR) 8910.1, Care and Use of Animals,
delineates the responsibilities and
implements requirements for the
Agency’s use of animals in research,
testing, teaching, and hardware
development activities. NPR 8910.1 is
accessible is access at https://
nodis3.gsfc.nasa.gov/.
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2013–29475 Filed 12–13–13; 8:45 am]
BILLING CODE 7510–13–P
Scope.
Applicability.
Policy.
13:31 Dec 13, 2013
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Food and Drug Administration
21 CFR Part 558
New Animal Drugs for Use in Animal
Feeds; Bambermycins
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to remove dairy
replacement heifers from the pasture
cattle class for which free-choice, loosemineral medicated feeds containing
bambermycins are approved. This
action is being taken because a level of
selenium for inclusion in such feeds has
not been established for dairy cattle
under the food additive regulation for
selenium.
SUMMARY:
This rule is effective December
16, 2013.
FOR FURTHER INFORMATION CONTACT:
Amey L. Adams, Center for Veterinary
Medicine (HFV–120), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8108,
email: amey.adams@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: FDA has
noticed that the animal drug regulations
for bambermycins free-choice, loosemineral Type C medicated feeds for
pasture cattle (slaughter, stocker, and
feeder cattle; and dairy and beef
replacement heifers) specify
formulations including trace mineral
premixes that include selenium.
However, the food additive regulation
for selenium in salt-mineral mixtures for
free-choice feeding (21 CFR
573.920(c)(3)) does not provide for use
in dairy cattle. For this reason, FDA is
revising the regulations to remove dairy
replacement heifers from the pasture
cattle class for which free-choice
medicated feeds containing
bambermycins are approved. This
action is being taken to improve the
accuracy of the regulations.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
DATES:
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
Authority: 51 U.S.C. 20102, 51 U.S.C.
20113; Pub. L. 89–544, as amended; 7 U.S.C.
2131; 39 U.S.C. 3001; and Pub. L. 99–158,
Sec. 495.
VerDate Mar<15>2010
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. FDA–2012–N–0002]
This part applies to NASA
Headquarters and NASA Centers,
including Component Facilities, and
Technical and Service Support Centers
and will be followed in all activities
using animal subjects that are supported
by NASA and conducted in NASA
facilities, aircraft, or spacecraft, or
activities, using animal subject
conducted under a contract, grant,
cooperative agreement, memorandum of
understanding, or joint endeavor
agreement entered into by NASA and
another Government agency, private
entity, non-Federal public entity, or
foreign entity which are included
within the scope of this part.
§ 1232.102
76059
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]]>Agencies
[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Rules and Regulations]
[Pages 76057-76059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29475]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1204, 1230, and 1232
[Docket Number: NASA 2013-0004]
RIN 2700-AE11
Removal of Redundant Regulations
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This direct final rule makes nonsubstantive changes by
removing redundant regulatory language that is already captured in
statues that govern NASA activities related to delegation of authority
of certain civil rights functions, protection of human subjects, and
care and use of animals in the conduct of NASA activities. Therefore,
NASA regulations will be streamlined to make reference to those
statutes.
DATES: This direct final rule is effective on February 14, 2014.
Comments are due on or before January 15, 2014. 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-AE11 and may be
sent to NASA via the Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Please note that NASA will post all comments on the Internet
with changes, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Nanette Jennings, 202-358-0819.
SUPPLEMENTARY INFORMATION:
Direct Final Rule Adverse Comments
NASA has determined this rulemaking meets the criteria for a direct
final rule because it involves nonsubstantive changes to remove
redundant regulatory language in 14 CFR 1204.508 and Parts 1230 and
1232 that is already captured in statutes and regulations that govern
NASA activities related to delegation of authority of certain civil
rights functions, protection of human subjects, and care and use of
animals in the conduct of NASA activities. Therefore, Section 1204.508
and Parts 1230 and 1232 will be streamlined to make reference to the
governing statutes and regulations. No opposition to the changes and no
significant adverse comments are expected. However, if the Agency
receives a significant adverse comment, it will withdraw this direct
final rule by publishing a notice in the Federal Register. A
significant adverse comment is one that explains: (1) Why the direct
final rule is inappropriate, including challenges to the rule's
underlying premise or approach; or (2) why the direct final rule will
be ineffective or unacceptable without a change. In determining whether
a comment necessitates withdrawal of this direct final rule, NASA will
consider whether it warrants a substantive response in a notice and
comment process.
Background
On January 18, 2011, President Obama signed Executive Order 13563,
Improving Regulation and Regulatory Review, directing agencies to
develop a plan for a retrospective analysis of existing regulations.
NASA developed its plan and published it on the Agency's open
Government Web site at https://www.nasa.gov/open/. The Agency conducted
an analysis of its existing regulations to comply with the Order and
determined that Section 1204. 508, Delegation of Authority of Certain
Civil Rights Functions to Department of Health, Education, and Welfare,
Part 1230, Protection of Human Subjects, and Part 1232, Care and Use of
Animals in the Conduct of NASA Activities, are redundant to governing
statutes and regulations, and therefore need to be streamlined.
Section 1204.508, Delegation of Authority of Certain Civil Rights
Functions to Department of Health, Education, and Welfare--The Civil
Rights Act of 1964 (Pub. L. 88-352) prohibited discrimination in a host
of areas, including employment and Federally-assisted programs and
activities. To comply with this Act, NASA promulgated section 1204.508
[32 FR 3883] on March 9, 1967. Additionally, to implement the
provisions of this Act, the Agency promulgated internal policies and
requirements, as well as entered into a memorandum of understanding
(MOU) with the Department of Education (DOED) on November 12, 1987.
Because
[[Page 76058]]
Section 1204.508 is redundant to the Act and the Act alone sufficiently
governs NASA activities related to delegation of authority of certain
civil rights functions, Section 1204.508 will be streamlined to make
reference to this Act, as well as NASA internal policies and
requirements and the MOU with the DOED.
Part 1230, Protection of Human Subjects--45 CFR Part 46, Protection
of Human Subjects, applies to all research involving human subjects
conducted, supported, or otherwise subject to regulation by any Federal
department or agency which takes appropriate administrative action to
make the policy applicable to such research. To comply with Part 46,
NASA promulgated Part 1230 [56 FR 28012] on June 18, 1991.
Additionally, to implement the provisions of Part 46, the Agency
promulgated internal policies and requirements. Because Part 1230 is
redundant to (couldn't get the below line to move up) Part 46 and this
regulation alone sufficiently governs NASA activities related to human
research subjects, Part 1230 will be streamlined to make reference to
Part 46, as well as NASA's internal policies and requirements.
Part 1232, Care and Use of Animals in the Conduct of NASA
Activities--The Animal Welfare Act of 1966 (Pub. L. 89-544) requires
that minimum standards of care and treatment be provided for certain
animals bred for use in research. To comply with this Act, NASA
promulgated Part 1232 [54 FR 35870] on August 30, 1989. Additionally,
to implement the provision of this Act, the Agency promulgated internal
policies and requirements. Because Part 1232 is redundant to this Act
and the Act alone sufficiently governs NASA activities related to care
and use of animals, Part 1232 will be streamlined to make reference to
this Act, as well as NASA's internal policies and requirements.
Statutory Authority
The National Aeronautics and Space Act (the Space Act), 51 U.S.C.
20113 (a), authorizes the Administrator of the National Aeronautics and
Space Administration (NASA) to make, promulgate, issue, rescind, and
amend rules and regulations governing the manner of its operations and
the exercise of the powers vested in it by law.
Regulatory Analysis
Executive Order 12866, 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, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated as ``not significant'' under
section 3(f) of Executive Order 12866.
Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to prepare an initial regulatory flexibility analysis to be
published at the time the proposed rule is published. This requirement
does not apply if the agency ``certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities'' (5 U.S.C. 605). This rule removes redundant
regulatory language in one section and two parts from Title 14 of the
CFR and, therefore, does not have a significant economic impact on a
substantial number of small entities.
Review Under the Paperwork Reduction Act
This direct final rule does not contain any information collection
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Review Under 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 1204, 1230, and 1232
Federal buildings and facilities, human research subjects, animal
welfare, and research.
For reasons set forth in the preamble, NASA amends 14 CFR parts
1204, 1230, and 1232 as follows:
PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY
0
1. The authority citation for part 1204, subpart 5 continues to read as
follows:
Authority: 51 U.S.C. 20113.
Sec. 1204.508 [Revised]
0
2. Revise Sec. 1204.508 as follows:
Sec. 1204.508 Delegation of authority of certain civil rights
functions to Department of Education.
It is the National Aeronautics and Space Administration's (NASA)
policy to comply with the Civil Rights Act of 1964 (Pub. L. 88-352)
that prohibits discrimination in a host of areas, including employment
and Federally-assisted programs and activities. To implement the
provisions of this Act, NASA promulgated the following internal
policies and requirements, and entered into a memorandum of
understanding (MOU) with the Department of Education to ensure
compliance:
(a) NASA Policy Directive (NPD) 2081.1, Nondiscrimination in
Federally Assisted and Conducted Programs of NASA, describes the
Agency's policy to ensure nondiscrimination in Federally-assisted and
conducted programs of NASA, nondiscrimination in Federally-conducted
education and training programs, and access for individuals with
disabilities to Federal electronic and information technology. NPD
2081.1 is accessible at https://nodis3.gsfc.nasa.gov/;
(b) NASA Procedural Requirements (NPR) 2081.1, Nondiscrimination in
Federally Assisted and Conducted Programs, describes the requirements
for processing complaints of discrimination, conducting civil rights
compliance reviews, and internal functional equal opportunity reviews.
NPR 2081.1 is accessible at https://nodis3.gsfc.nasa.gov/; and
(c) Memorandum of Understanding between NASA and the Department of
Education delegates both the agencies as responsible for specific civil
rights compliance duties with respect to elementary and secondary
schools, and institutions of higher education. The MOU can be accessed
at https://odeo.hq.nasa.gov/documents/DOEd-NASA_MOU.pdf.
[[Page 76059]]
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3. Revise Part 1230 to read as follows:
PART 1230--PROTECTION OF HUMAN SUBJECTS
Sec.
1230.101 Scope.
1230.102 Applicability.
1230.103 Policy.
Authority: 5 U.S.C. 301; 45 CFR part 46.
Sec. 1230.101 Scope.
This Part establishes general policy for the protection of human
subjects, which is of primary importance in the conduct of any human
research, as specified under 5 U.S.C. 301; 45 CFR part 46, subpart A.
Sec. 1230.102 Applicability.
This Part applies to NASA Headquarters and NASA Centers, including
Component Facilities, and Technical and Service Support Centers for all
research involving humans subjects conducted, supported, or otherwise
subject to regulations by any Federal department or agency which takes
appropriate administrative action to make the policy applicable to such
research.
Sec. 1230.103 Policy.
It is the National Aeronautics and Space Administration's (NASA)
policy to comply with 45 CFR part 46, subpart A, Protection of Human
Subjects, which applies to all research conducted involving human
subjects. To implement the provisions of 45 part 46, subpart A, NASA
promulgated the following internal policies and requirements:
(a) NPD 7100.8, Protection of Human Research Subjects, describes
the Agency's policy for human research conducted or supported, whether
on the ground, in aircraft, or in space. NPD 7100.8 can be accessed at
https://nodis3.gsfc.nasa.gov/; and
(b) NPR 7100.1, Protection of Human Research Subjects, describes
the requirements for the Agency to conduct or support research
involving human subjects. NPR 7100.1 can be accessed at https://nodis3.gsfc.nasa.gov/.
0
4. Revise Part 1232 to read as follows:
PART 1232--CARE AND USE OF ANIMALS IN THE CONDUCT OF NASA
ACTIVITIES
Sec.
1232.100 Scope.
1232.101 Applicability.
1232.102 Policy.
Authority: 51 U.S.C. 20102, 51 U.S.C. 20113; Pub. L. 89-544, as
amended; 7 U.S.C. 2131; 39 U.S.C. 3001; and Pub. L. 99-158, Sec.
495.
Sec. 1232.100 Scope.
This part establishes general policy for the care and use of
vertebrate animals in the conduct of NASA activities.
Sec. 1232.101 Applicability.
This part applies to NASA Headquarters and NASA Centers, including
Component Facilities, and Technical and Service Support Centers and
will be followed in all activities using animal subjects that are
supported by NASA and conducted in NASA facilities, aircraft, or
spacecraft, or activities, using animal subject conducted under a
contract, grant, cooperative agreement, memorandum of understanding, or
joint endeavor agreement entered into by NASA and another Government
agency, private entity, non-Federal public entity, or foreign entity
which are included within the scope of this part.
Sec. 1232.102 Policy.
It is the National Aeronautics and Space Administration's (NASA)
policy to comply with the Animal Welfare Act of 1966 (Pub. L. 89-544)
which requires that minimum standards of care and treatment be provided
for certain animals bred for use in research. To implement the
provisions of this Act, NASA promulgated the following internal
policies and requirements:
(a) NASA Policy Directive (NPD) 8910.1, Care and Use of Animals,
describes the policy and responsibilities for conducting activities
involving vertebrate animals. NPD 8910.1 is accessible at https://nodis3.gsfc.nasa.gov/; and
(b) NASA Procedural Requirements (NPR) 8910.1, Care and Use of
Animals, delineates the responsibilities and implements requirements
for the Agency's use of animals in research, testing, teaching, and
hardware development activities. NPR 8910.1 is accessible is access at
https://nodis3.gsfc.nasa.gov/.
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2013-29475 Filed 12-13-13; 8:45 am]
BILLING CODE 7510-13-P
