NASA Protective Services Enforcement, 54902-54904 [2014-21784]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Rules and Regulations]
[Pages 54902-54904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21784]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

[Docket Number--2014-0009]
RIN 2700-AE10


NASA Protective Services Enforcement

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: NASA is amending its regulations by adding a subpart for 
traffic enforcement regulations, authorities, and procedures at all 
NASA Centers and component facilities. Changes are being made to align 
this part with NASA objectives in the protection of its people and 
property. Establishing 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.

DATES: Effective Date: September 15, 2014.

FOR FURTHER INFORMATION CONTACT: Charles Lombard, 202-358-0891, 
charles.e.lombard.nasa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    NASA published a proposed rule in the Federal Register at 79 FR 
37252 on July 1, 2014, to amend its regulations by adding a subpart to 
establish traffic enforcement regulations, authorities, and procedures 
at all NASA Centers and component facilities. Amendments to this rule 
aligns Part 1204 with NASA objectives in the protection of its people 
and property. The proposed rule published on July 1, 2014. No 
respondents submitted comments on the proposed rule. The revisions to 
this rule are part of NASA's retrospective plan under EO 13563 
completed in August 2011.

II. Regulatory Analysis Section

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. This rule would not 
have a significant economic impact on a substantial number of small 
entities because this rule only pertains to NASA employees.

Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if the 
regulation is necessary, to select the regulatory approach that 
maximizes net benefits. This rule is not a significant regulatory 
action under section 3(f) of Executive Order 12866, Regulatory Planning 
and Review, because this rule relates solely to the internal operations 
of NASA. Therefore, the Office of Management and Budget did not review 
this rule.

[[Page 54903]]

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
to this rule because it does not contain any information collection 
requirement that requires approval of the Office of Management and 
Budget.

Small Business Regulatory Enforcement Fairness Act

    This rule relates to agency management or personnel, and therefore 
the Small Business Regulatory Enforcement Fairness Act of 1996 (5 
U.S.C. 801 et seq.) does not cover the rule.

Executive Order 13132, Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, Federalism, NASA has determined that the rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Unfunded Mandates Reform Act

    For the purposes of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. chapter 25, subchapter II), this rule would not significantly or 
uniquely affect small governments and would not result in increased 
expenditures by State, local, and tribal governments, or by the private 
sector, of $100 million or more (as adjusted for inflation) in any one 
year.

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 amends 14 CFR 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; 5 U.S.C. 301, and 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 
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.

[[Page 54904]]

Sec.  1204.1102  Responsibilities.

    (a) 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.
    (b) 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).

Nanette Jennings,
NASA Federal Register Liaison Officer.
[FR Doc. 2014-21784 Filed 9-12-14; 8:45 am]
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