NASA Protective Services Enforcement, 37252-37254 [2014-15156]
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37252
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules
(k) New Replacement (Terminating Action)
Before the accumulation of 50,000 total
flight hours, or within 24 months after the
effective date of this AD, whichever occurs
later: Replace the center wing box, in
accordance with the Accomplishment
Instructions of Lockheed Service Bulletin
382–57–94, dated December 3, 2013.
Accomplishing the replacement terminates
the inspections required by this AD.
Note 1 to paragraph (k) of this AD: A note
in the Accomplishment Instructions of
Lockheed Service Bulletin 382–57–94, dated
December 3, 2013, instructs operators to
contact Lockheed if any assistance is needed
in accomplishing the service bulletin.
However, any deviation from the instructions
provided in the service information must be
approved as an alternative method of
compliance (AMOC) as specified in
paragraph (n) of this AD.
tkelley on DSK3SPTVN1PROD with PROPOSALS
(l) New Exceptions to Lockheed Service
Bulletin 382–57–85 (82–790), Revision 3,
Dated July 8, 2013, Including Appendix A,
Dated July 8, 2013, and Appendixes B, C, D,
E, and G, all Revision 1, All Dated March
8, 2007
(1) Lockheed Service Bulletin 382–57–85
(82–790), Revision 3, dated July 8, 2013,
including Appendix A, dated July 8, 2013,
and Appendixes B, C, D, E, F, and G, all
Revision 1, all dated March 8, 2007, specifies
that operators may adjust thresholds and
intervals, use alternative repetitive
inspection intervals, and use alternative
inspection methods. However, this AD
requires that any alternative thresholds,
intervals, or inspection methods be approved
by the Manager, Atlanta ACO. For any
alternative thresholds, intervals, or
inspection methods to be approved by the
Manager, Atlanta ACO, as required by this
paragraph, the Manager’s approval letter
must specifically refer to this AD.
(2) Where Lockheed Service Bulletin 382–
57–85 (82–790), Revision 3, dated July 8,
2013, including Appendix A, dated July 8,
2013, and Appendixes B, C, D, E, F, and G,
all Revision 1, all dated March 8, 2007,
describes procedures for submitting a report
of any damages, this AD does not require
such action.
(m) Credit for Previous Actions
(1) This paragraph restates the credit
provided in paragraph (l) of AD 2011–09–04,
Amendment 39–16666 (76 FR 28626, May 18,
2011). This paragraph provides credit for the
actions required by paragraph (g) of AD, if
those actions were performed before June 22,
2011 (the effective date of AD 2011–09–04),
using Lockheed Service Bulletin 382–57–85
(82–790), Revision 1, dated March 8, 2007,
which is not incorporated by reference in this
AD.
(2) This paragraph restates the credit
provided in paragraph (m) of AD 2011–09–
04, Amendment 39–16666 (76 FR 28626, May
18, 2011). This paragraph provides credit for
the actions required by paragraph (g) of AD,
if those actions were performed before June
22, 2011 (the effective date of AD 2011–09–
04), using Lockheed Service Bulletin 382–
57–85 (82–790), dated August 4, 2005, which
is not incorporated by reference in this AD.
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(3) This paragraph provides credit for the
replacement required by paragraph (k) of AD,
if the replacement was performed before the
effective date of this AD using Lockheed
Service Bulletin 382–57–90, dated November
5, 2010, which is not incorporated by
reference in this AD.
(n) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Atlanta ACO, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (o)(1) of this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(o) Related Information
(1) For more information about this AD,
contact Carl Gray, Aerospace Engineer,
Airframe Branch, ACE–117A, FAA, Atlanta
Aircraft Certification Office, 1701 Columbia
Avenue, College Park, GA 30337; telephone
404–474–5554; fax 404–474–5605; email:
carl.w.gray@faa.gov.
(2) For service information identified in
this AD, contact Lockheed Martin
Corporation/Lockheed Martin Aeronautics
Company, Airworthiness Office, Dept. 6A0M,
Zone 0252, Column P–58, 86 S. Cobb Drive,
Marietta, GA 30063; telephone 770–494–
5444; fax 770–494–5445; email ams.portal@
lmco.com; Internet https://
www.lockheedmartin.com/ams/tools/
TechPubs.html. You may view this
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
Issued in Renton, Washington, on June 19,
2014.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–15381 Filed 6–30–14; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Part 1204
[Docket No: NASA–2014–0007]
RIN 2700–AE10
NASA Protective Services
Enforcement
National Aeronautics and
Space Administration.
ACTION: Proposed rule.
AGENCY:
NASA is proposing to amend
its regulations by adding a subpart to
SUMMARY:
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Fmt 4702
Sfmt 4702
establish traffic enforcement
regulations, authorities, and procedures
at all NASA Centers and component
facilities. The revisions to this rule are
part of NASA’s retrospective plan under
EO 13563 completed in August 2011.
DATES: Submit comments on or before
July 31, 2014.
ADDRESSES: Comments must be
identified with RIN 2700–AE10 and
may be sent to NASA via the Federal ERulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Charles Lombard, charles.e.lombard@
nasa.gov.
SUPPLEMENTARY INFORMATON:
Background
Part 1204 describes the legal basis and
other applicable NASA regulations
related to the NASA’s security and law
enforcement services implementation
requirements, of which was
promulgated March 28, 1972 [38 FR
8056]. Changes are being made to align
this part with NASA objectives in the
protection of its people and property.
It is the policy of the National
Aeronautics and Space Administration
that an effective, standardized, and
comprehensive traffic safety program be
established and maintained at NASA
Headquarters, NASA Centers, including
Component and Technical Service
Support Centers. A traffic safety
program is essential for the protection
and security of NASA bases, stations,
facilities, laboratories, and of its aircraft,
spacecraft, missiles and similar vehicles
and of its real and personal property,
including property in the custody of
NASA contractors and subcontractors.
Further, at this time, NASA does not
have a regulation to enforce (including
criminalizing) such requirements such
as speeding, improper or unsafe
parking, unsafe operation of motor
vehicles, and similar minor and/or petty
traffic infractions. As a result, currently,
the Agency can only issue
administrative traffic citations that are
written warnings, with insufficient
consequences, and accordingly, that
have very limited positive impact on
safety and security at or on its many
facilities. Currently, as a non-Federal
administrative infraction, minor traffic
offenses cannot be assimilated using
Title 18, Section 13, Assimilative
Crimes Act. Therefore, currently NASA
Protective Services (including
contractor Security Officers) are unable
to issue District Court Violation Notices
(DCVN) for such obvious safety-related,
traffic offenses such as speeding. Traffic
infractions remain a constant safety
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Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
problem, and security vulnerability. To
resolve this problem, NASA is
proposing a new rule to be incorporated
into 14 CFR part 1204 as Subpart 11,
NASA Traffic Safety. The new rule will
apply to all persons who operate or
control a motor vehicle or otherwise use
the streets, roadways, parking areas, etc.
of a NASA facility even where the
facility is outside of fence lines and/or
non-contiguous with other NASA assets.
With this change, NASA Security Forces
can fully participate in the Federal
Magistrate programs, and may be
authorized to issue viable and
actionable District Court Violation
Notices for offenses up to and including
offenses at the level of driving under the
influence infractions, utilizing the
Central Violations Bureau of the
Administrative Office of the U.S. Courts.
NASA has internal requirements (listed
below) pertaining to these rules, which
are not duplicative, but are necessary to
ensure that implementation of subpart
11 of part 1204 is consistent, uniform,
and standardized. These internal
requirements can be accessed at https://
nodis3.gsfc.nasa.gov.
• NPR 1600.1, NASA Security Program
Procedural Requirements
• NPD 1600.2, NASA Security Policy,
• NPR 8715.3, NASA General Safety
Program Requirements. NASA’s full
plan can be accessed on the Agency’s
open government Web site at https://
www.nasa.gov/open/.
for protection of its real property, flight
and space vehicles, or other equipment
‘‘shall be fined as provided under this
title, or imprisoned not more than one
year, or both.’’
These statutes authorize further
regulations to comply with the Agency’s
objectives in the protection of its
people, property, systems, and
information. Regulations as set forth
herein will enhance safety and security
by permitting citations for and
enforcement of, traffic infractions in
appropriate venues.
Statutory Authority
Part 1204 is established under the
National Aeronautics and Space Act
(Space Act), in accordance with Title 51
U.S.C., the National and Commercial
Space Programs, Title 5, U.S. Code
section 301, and Title 18 U.S.C. 799.
Sections 20132 and 20133 of the
Space Act authorize the NASA
Administrator to establish security rules
and procedures to safeguard NASA’s
employees, facilities, and proprietary
information and technologies. Section
301 of Title 5, U.S. Code (2014) provide
that: ‘‘The head of an Executive
department or military department may
prescribe regulations for the government
of his department, the conduct of its
employees, the distribution and
performance of its business, and the
custody, use, and preservation of its
records, papers, and property. This
section does not authorize withholding
information from the public or limiting
the availability of records to the public.’’
Title 18, section 799 provides that
‘‘[w]hoever shall violate, attempt to
violate, or conspire to violate any
regulation or order promulgated by the
Administrator of the National
Aeronautics and Space Administration’’
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 section of the CFR to
align with Federal guidelines and does
not have a significant economic impact
on a substantial number of small
entities.
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16:47 Jun 30, 2014
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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 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
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37253
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 Part 1204
Federal buildings and facilities,
Security measures.
Accordingly, under the authority of
the National Aeronautics and Space Act,
as amended, (51 U.S.C. 20113), 5 U.S.C.
301, and 18 U.S.C. 799, NASA is
proposing to amend part 1204 as
follows:
PART 1204—ADMINISTRATIVE
AUTHORITY AND POLICY
■
1. Add subpart 11 to read as follows:
Subpart 11—Enforcing Traffic Laws at
NASA Centers and Component Facilities
Sec.
1204.1100 Scope of subpart.
1204.1101 Policy.
1204.1102 Responsibilities.
1204.1103 Procedures.
1204.1104 Violations.
Subpart 11—Enforcing Traffic Laws at
NASA Centers and Component
Facilities
Authority: The National and Commercial
Space Program 51 U.S.C. 20132 and 20133 et
seq; Title 5, U.S.C. 301, and Title 18 U.S.C.
799 (2014).
§ 1204.1100
Scope of subpart.
This subpart establishes policies
pursuant to the requirements of
National and Commercial Space
Programs (51 U.S.C. 20132) authorizing
the NASA Administrator to establish
such security requirements, restrictions
and safeguards as he deems necessary in
the interest of national security, under
5 U.S.C. 301, ‘‘Housekeeping statute,’’
and 18 U.S.C. 799, making it criminal to
violate published NASA regulations.
The provisions of this subpart apply to
all NASA installations, including NASA
Headquarters, NASA Centers, and
component facilities. NASA
installations refers to all NASA-owned,
controlled, or leased property, with
exclusive or concurrent Federal
jurisdiction, including non-contiguous
or unfenced areas and including areas
otherwise open to the public at large.
These provisions are also applicable to
all persons who operate or control a
motor vehicle, or otherwise use the
streets of a NASA installation, over
which the United States exercises
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37254
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules
exclusive or concurrent legislative
jurisdiction.
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 1204.1101
Policy.
(a) It is NASA policy that an effective,
standardized, and comprehensive traffic
safety program be established and
maintained at all NASA Centers, and
component facilities, as prescribed in
NASA Procedural Requirement (NPR)
8715.C, NASA General Safety Program
Requirements. A traffic safety program
is essential for the protection and
security of NASA laboratories, stations,
base, or other facilities, and for the
protection of any of its aircraft, missiles,
spacecraft, or similar vehicles, or part
thereof, and/or of any property or
equipment in the custody of any
contractor, subcontractor, or the
Administration.
(b) To ensure a safe and secure
workplace and to provide better for
preservation of life and property, all
persons on a NASA Center or
component facility shall comply with
the vehicular and pedestrian traffic
requirements of the installation per this
Subpart, and the laws of the state in
which the installation is located.
(c) Vehicular and pedestrian traffic.
(1) Drivers of all vehicles in or on
NASA-owned, controlled or leased
property shall be in possession of a
current and valid state or territory
issued driver’s license and vehicle
registration, and the vehicle shall
display all current and valid tags and
licenses required by the jurisdiction in
which it is registered.
(2) Drivers who have had their
privilege or license to drive suspended
or revoked by any state or territory shall
not drive any vehicle in or on property
during such period of suspension or
revocation.
(3) Drivers of all vehicles in or on
property shall drive in a careful and safe
manner at all times and shall comply
with the signals and directions of
security force personnel, other
authorized individuals, and all posted
traffic signs, including speed limits.
(4) The blocking of entrances,
driveways, walks, loading platforms, or
fire hydrants in or on property is
prohibited.
(5) Parking without authority, parking
in unauthorized locations or in
locations reserved for other persons,
parking continuously in excess of 18
hours without permission, or contrary to
the direction of posted signs is
prohibited. This section may be
supplemented by the Center Director or
installation officer in charge from time
to time by the issuance and posting of
specific traffic directives. When so
issued and posted, such directives shall
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have the same force and effect as if
made a part hereof.
(d) Center Directors are hereby
delegated authority to determine if their
respective Centers require the authority
and ability to issue traffic and parking
citations, which if implemented, must
be in accordance with this Subpart.
Should no traffic and parking citation
authority and ability be necessary, the
Center Director concerned will make a
report of same to the Administrator via
Associate Administrator for Protective
Services. Prior to the effective date of
Centers implementing, Centers and
Headquarters Operations should
transmit their proposed regulations to
NASA Office of Protective Services for
review and concurrence.
(e) Consistent with arrangements with
Federal authorities as each Center and
Headquarters may make, violators of
such regulations may be issued a
District Court Violation Notices for
offenses by security officers, including
contractor guards. In accordance with
this regulation, Centers are authorized
to make liaison and such arrangements
for appropriate enforcement programs
with the cognizant Office(s) of the
United States Attorney. Additional
information on processing violation
notices and liaison necessary is
available at: https://
www.cvb.uscourts.gov/.
(f) A copy of this subpart shall be
posted in an appropriate place at each
NASA Center or component facility.
§ 1204.1102
Responsibilities.
The Center Directors of NASA
installations and the Executive Director
for Headquarters Operations over which
the United States has exclusive or
concurrent legislative jurisdiction, and
consistent with the foregoing, are
delegated the authority to establish
additional vehicular and pedestrian
traffic rules and regulations for their
installations.
All persons on a NASA Center or
component facility are responsible for
compliance with locally established
vehicular and pedestrian traffic rules
and regulations.
§ 1204.1103
Procedures.
The Center Directors and the
Executive Director for Headquarters
Operations shall issue local policies and
procedural requirements, subject to
prior NASA Office of Protective
Services approval, which will
implement this regulation for their
respective NASA Centers and
component facilities.
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Fmt 4702
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§ 1204.1104
Violations.
A person found in violation, on a
NASA installation, of any vehicular or
pedestrian traffic law, or local
installation vehicular or pedestrian
traffic rule or regulation made
applicable to the installation under the
provisions of this subpart, is subject to
punishment as provided for by 18
U.S.C. 799 (violation of regulations of
NASA).
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2014–15156 Filed 6–30–14; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 151
[Docket ID: BIA 2014–0002; K00103 12/13
A3A10; 134D0102DR–DS5A300000–
DR.5A311.IA000113]
RIN 1076–AF23
Land Acquisitions in the State of
Alaska
Bureau of Indian Affairs,
Interior.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The Bureau of Indian Affairs
(BIA) is extending the comment period
on the proposed rule for land
acquisitions in Alaska, which was
published in the Federal Register on
May 1, 2014. The original comment
period would end June 30, 2014;
however, the BIA has received several
requests for extension. BIA has
reviewed these requests and determined
that a 30-day extension is appropriate.
DATES: Comments on this rule must be
received by the extended due date of
July 31, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
—Federal rulemaking portal: https://
www.regulations.gov. The rule is
listed under the agency name ‘‘Bureau
of Indian Affairs.’’ The rule has been
assigned Docket ID: BIA–2014–0002.
—Email: consultation@bia.gov. Include
the number 1076–AF23 in the subject
line of the message.
—Mail: Elizabeth Appel, Office of
Regulatory Affairs & Collaborative
Action, U.S. Department of the
Interior, 1849 C Street NW.,
Washington, DC 20240. Include the
number 1076–AF23 in the
submission.
—Hand delivery: Elizabeth Appel,
Office of Regulatory Affairs &
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Proposed Rules]
[Pages 37252-37254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15156]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1204
[Docket No: NASA-2014-0007]
RIN 2700-AE10
NASA Protective Services Enforcement
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NASA is proposing to amend its regulations by adding a subpart
to establish traffic enforcement regulations, authorities, and
procedures at all NASA Centers and component facilities. The revisions
to this rule are part of NASA's retrospective plan under EO 13563
completed in August 2011.
DATES: Submit comments on or before July 31, 2014.
ADDRESSES: Comments must be identified with RIN 2700-AE10 and may be
sent to NASA via the Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT: Charles Lombard,
charles.e.lombard@nasa.gov.
SUPPLEMENTARY INFORMATON:
Background
Part 1204 describes the legal basis and other applicable NASA
regulations related to the NASA's security and law enforcement services
implementation requirements, of which was promulgated March 28, 1972
[38 FR 8056]. Changes are being made to align this part with NASA
objectives in the protection of its people and property.
It is the policy of the National Aeronautics and Space
Administration that an effective, standardized, and comprehensive
traffic safety program be established and maintained at NASA
Headquarters, NASA Centers, including Component and Technical Service
Support Centers. A traffic safety program is essential for the
protection and security of NASA bases, stations, facilities,
laboratories, and of its aircraft, spacecraft, missiles and similar
vehicles and of its real and personal property, including property in
the custody of NASA contractors and subcontractors. Further, at this
time, NASA does not have a regulation to enforce (including
criminalizing) such requirements such as speeding, improper or unsafe
parking, unsafe operation of motor vehicles, and similar minor and/or
petty traffic infractions. As a result, currently, the Agency can only
issue administrative traffic citations that are written warnings, with
insufficient consequences, and accordingly, that have very limited
positive impact on safety and security at or on its many facilities.
Currently, as a non-Federal administrative infraction, minor traffic
offenses cannot be assimilated using Title 18, Section 13, Assimilative
Crimes Act. Therefore, currently NASA Protective Services (including
contractor Security Officers) are unable to issue District Court
Violation Notices (DCVN) for such obvious safety-related, traffic
offenses such as speeding. Traffic infractions remain a constant safety
[[Page 37253]]
problem, and security vulnerability. To resolve this problem, NASA is
proposing a new rule to be incorporated into 14 CFR part 1204 as
Subpart 11, NASA Traffic Safety. The new rule will apply to all persons
who operate or control a motor vehicle or otherwise use the streets,
roadways, parking areas, etc. of a NASA facility even where the
facility is outside of fence lines and/or non-contiguous with other
NASA assets. With this change, NASA Security Forces can fully
participate in the Federal Magistrate programs, and may be authorized
to issue viable and actionable District Court Violation Notices for
offenses up to and including offenses at the level of driving under the
influence infractions, utilizing the Central Violations Bureau of the
Administrative Office of the U.S. Courts. NASA has internal
requirements (listed below) pertaining to these rules, which are not
duplicative, but are necessary to ensure that implementation of subpart
11 of part 1204 is consistent, uniform, and standardized. These
internal requirements can be accessed at https://nodis3.gsfc.nasa.gov.
NPR 1600.1, NASA Security Program Procedural Requirements
NPD 1600.2, NASA Security Policy,
NPR 8715.3, NASA General Safety Program Requirements. NASA's
full plan can be accessed on the Agency's open government Web site at
https://www.nasa.gov/open/.
Statutory Authority
Part 1204 is established under the National Aeronautics and Space
Act (Space Act), in accordance with Title 51 U.S.C., the National and
Commercial Space Programs, Title 5, U.S. Code section 301, and Title 18
U.S.C. 799.
Sections 20132 and 20133 of the Space Act authorize the NASA
Administrator to establish security rules and procedures to safeguard
NASA's employees, facilities, and proprietary information and
technologies. Section 301 of Title 5, U.S. Code (2014) provide that:
``The head of an Executive department or military department may
prescribe regulations for the government of his department, the conduct
of its employees, the distribution and performance of its business, and
the custody, use, and preservation of its records, papers, and
property. This section does not authorize withholding information from
the public or limiting the availability of records to the public.''
Title 18, section 799 provides that ``[w]hoever shall violate,
attempt to violate, or conspire to violate any regulation or order
promulgated by the Administrator of the National Aeronautics and Space
Administration'' for protection of its real property, flight and space
vehicles, or other equipment ``shall be fined as provided under this
title, or imprisoned not more than one year, or both.''
These statutes authorize further regulations to comply with the
Agency's objectives in the protection of its people, property, systems,
and information. Regulations as set forth herein will enhance safety
and security by permitting citations for and enforcement of, traffic
infractions in appropriate venues.
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. 603). This rule updates section 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 Part 1204
Federal buildings and facilities, Security measures.
Accordingly, under the authority of the National Aeronautics and
Space Act, as amended, (51 U.S.C. 20113), 5 U.S.C. 301, and 18 U.S.C.
799, NASA is proposing to amend part 1204 as follows:
PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY
0
1. Add subpart 11 to read as follows:
Subpart 11--Enforcing Traffic Laws at NASA Centers and Component
Facilities
Sec.
1204.1100 Scope of subpart.
1204.1101 Policy.
1204.1102 Responsibilities.
1204.1103 Procedures.
1204.1104 Violations.
Subpart 11--Enforcing Traffic Laws at NASA Centers and Component
Facilities
Authority: The National and Commercial Space Program 51 U.S.C.
20132 and 20133 et seq; Title 5, U.S.C. 301, and Title 18 U.S.C. 799
(2014).
Sec. 1204.1100 Scope of subpart.
This subpart establishes policies pursuant to the requirements of
National and Commercial Space Programs (51 U.S.C. 20132) authorizing
the NASA Administrator to establish such security requirements,
restrictions and safeguards as he deems necessary in the interest of
national security, under 5 U.S.C. 301, ``Housekeeping statute,'' and 18
U.S.C. 799, making it criminal to violate published NASA regulations.
The provisions of this subpart apply to all NASA installations,
including NASA Headquarters, NASA Centers, and component facilities.
NASA installations refers to all NASA-owned, controlled, or leased
property, with exclusive or concurrent Federal jurisdiction, including
non-contiguous or unfenced areas and including areas otherwise open to
the public at large. These provisions are also applicable to all
persons who operate or control a motor vehicle, or otherwise use the
streets of a NASA installation, over which the United States exercises
[[Page 37254]]
exclusive or concurrent legislative jurisdiction.
Sec. 1204.1101 Policy.
(a) It is NASA policy that an effective, standardized, and
comprehensive traffic safety program be established and maintained at
all NASA Centers, and component facilities, as prescribed in NASA
Procedural Requirement (NPR) 8715.C, NASA General Safety Program
Requirements. A traffic safety program is essential for the protection
and security of NASA laboratories, stations, base, or other facilities,
and for the protection of any of its aircraft, missiles, spacecraft, or
similar vehicles, or part thereof, and/or of any property or equipment
in the custody of any contractor, subcontractor, or the Administration.
(b) To ensure a safe and secure workplace and to provide better for
preservation of life and property, all persons on a NASA Center or
component facility shall comply with the vehicular and pedestrian
traffic requirements of the installation per this Subpart, and the laws
of the state in which the installation is located.
(c) Vehicular and pedestrian traffic. (1) Drivers of all vehicles
in or on NASA-owned, controlled or leased property shall be in
possession of a current and valid state or territory issued driver's
license and vehicle registration, and the vehicle shall display all
current and valid tags and licenses required by the jurisdiction in
which it is registered.
(2) Drivers who have had their privilege or license to drive
suspended or revoked by any state or territory shall not drive any
vehicle in or on property during such period of suspension or
revocation.
(3) Drivers of all vehicles in or on property shall drive in a
careful and safe manner at all times and shall comply with the signals
and directions of security force personnel, other authorized
individuals, and all posted traffic signs, including speed limits.
(4) The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants in or on property is prohibited.
(5) Parking without authority, parking in unauthorized locations or
in locations reserved for other persons, parking continuously in excess
of 18 hours without permission, or contrary to the direction of posted
signs is prohibited. This section may be supplemented by the Center
Director or installation officer in charge from time to time by the
issuance and posting of specific traffic directives. When so issued and
posted, such directives shall have the same force and effect as if made
a part hereof.
(d) Center Directors are hereby delegated authority to determine if
their respective Centers require the authority and ability to issue
traffic and parking citations, which if implemented, must be in
accordance with this Subpart. Should no traffic and parking citation
authority and ability be necessary, the Center Director concerned will
make a report of same to the Administrator via Associate Administrator
for Protective Services. Prior to the effective date of Centers
implementing, Centers and Headquarters Operations should transmit their
proposed regulations to NASA Office of Protective Services for review
and concurrence.
(e) Consistent with arrangements with Federal authorities as each
Center and Headquarters may make, violators of such regulations may be
issued a District Court Violation Notices for offenses by security
officers, including contractor guards. In accordance with this
regulation, Centers are authorized to make liaison and such
arrangements for appropriate enforcement programs with the cognizant
Office(s) of the United States Attorney. Additional information on
processing violation notices and liaison necessary is available at:
https://www.cvb.uscourts.gov/.
(f) A copy of this subpart shall be posted in an appropriate place
at each NASA Center or component facility.
Sec. 1204.1102 Responsibilities.
The Center Directors of NASA installations and the Executive
Director for Headquarters Operations over which the United States has
exclusive or concurrent legislative jurisdiction, and consistent with
the foregoing, are delegated the authority to establish additional
vehicular and pedestrian traffic rules and regulations for their
installations.
All persons on a NASA Center or component facility are responsible
for compliance with locally established vehicular and pedestrian
traffic rules and regulations.
Sec. 1204.1103 Procedures.
The Center Directors and the Executive Director for Headquarters
Operations shall issue local policies and procedural requirements,
subject to prior NASA Office of Protective Services approval, which
will implement this regulation for their respective NASA Centers and
component facilities.
Sec. 1204.1104 Violations.
A person found in violation, on a NASA installation, of any
vehicular or pedestrian traffic law, or local installation vehicular or
pedestrian traffic rule or regulation made applicable to the
installation under the provisions of this subpart, is subject to
punishment as provided for by 18 U.S.C. 799 (violation of regulations
of NASA).
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2014-15156 Filed 6-30-14; 8:45 am]
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