Administrative Updates, 42028-42030 [2015-17214]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42028-42030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17214]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Parts 1245, 1262, 1263, 1264, and 1266

[Docket No: NASA-2015-0007]
RIN 2700-AE21


Administrative Updates

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes nonsubstantive changes to agency 
regulations to correct citation and spelling errors.

DATES: This direct final rule is effective on September 14, 2015. 
Comments due on or before August 17, 2015. 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-AE21 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: James A. Reistrup, Senior Attorney, 
Office of the General Counsel, NASA Headquarters, telephone (202) 358-
2027.

SUPPLEMENTARY INFORMATION: 

Direct Final Rule and Significant Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it makes nonsubstantive changes to correct citations 
and spelling errors within the parts listed. No opposition to the 
changes and no significant adverse comments are expected. However, if 
NASA receives significant adverse comments, 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

[[Page 42029]]

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

    The revision 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/. With the passage of Public Law 111-314, Enactment 
of Title 51--National and Commercial Space Programs, Dec. 18, 2010, 
some of the NASA Space Act citations for the United States Code in 
Title 14 of the CFR needed to be updated to Title 51. In the process of 
reviewing the regulations for NASA's retrospective plan that are 
maintained by the Office of the General Counsel, the following parts 
were identified as needing citation updates and some also needed 
spelling corrections for a few misspelled words:

PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS, Subpart 3--
NASA Foreign Patent Program
PART 1262--EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS
PART 1263--DEMAND FOR INFORMATION OR TESTIMONY SERVED ON AGENCY 
EMPLOYEES; PROCEDURES
PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 
1986
PART 1266--CROSS-WAIVER OF LIABILITY

Statutory Authority

    The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 
20113 (a), authorizes the Administrator of 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, Improvement Regulation and Regulation Review

    Executive Orders (EO) 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). EO 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 EO 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 removes one section 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 EO 13132

    EO 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 EO. Therefore, no Federalism assessment is required.

List of Subjects in 14 CFR Parts 1245, 1262, 1263, 1264, and 1266

    Patents, Equal access to justice, Penalties.

    Accordingly, under the authority of the National Aeronautics and 
Space Act, as amended, [51 U.S.C. 20113], NASA amends parts 1245, 1262, 
1263, 1264, and 1266 of title 14 as follows:

PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

Subpart 3--NASA Foreign Patent Program

0
1. The authority citation for part 1245, subpart 3, is revised to read 
as follows:

    Authority: 51 U.S.C. 20135(g) and E.O. 9865, 12 FR 3907, 3 CFR, 
1943-1948 Comp., p. 651, and E.O. 10096, 15 FR 389, 3 CFR, 1949-1953 
Comp., p. 292.


0
2. In Sec.  1245.301, paragraph (a), the last sentence is revised to 
read as follows:


Sec.  1245.301  Inventions under NASA contracts.

    (a) * * *However, any such waiver is subject to the reservation by 
the Administrator of the license required to be retained by NASA under 
51 U.S.C. 20135(g) of the National Aeronautics and Space Act, as 
amended.
* * * * *

PART 1262--EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS

0
3. The authority citation for part 1262 is revised to read as follows:

    Authority: 5 U.S.C. 504; 51 U.S.C. 20113(a).

Sec.  1262.201  [Amended]

0
4. In Sec.  1262.201, paragraph (d), remove the word ``determing,'' and 
add in its place the word ``determining.''


Sec.  1262.202  [Amended]

0
5. In Sec.  1262.202, paragraph (a), remove the word ``defiined,'' and 
add in its place the word ``defined.''

PART 1263--DEMAND FOR INFORMATION OR TESTIMONY SERVED ON AGENCY 
EMPLOYEES; PROCEDURES

0
6. The authority citation for part 1263 is revised to read as follows:

    Authority: 44 U.S.C. 3102, 51 U.S.C. 20113(a).

PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT 
OF 1986

0
7. The authority citation for part 1264 is revised to read as follows:

    Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).

Sec.  1264.109  [Amended]

0
8. In Sec.  1264.109, paragraph (c), remove the word ``penalities,'' 
and add in its place the word ``penalties.''


Sec.  1264.111  [Amended]

0
9. In Sec.  1264.111, paragraph (b)(4), remove the word ``precedures,'' 
and add in its place the word ``procedures.''


Sec.  1264.116  [Amended]

0
10. In Sec.  1264.116, paragraph (b), remove the word ``Paticipate,'' 
and add in its place the word ``Participate.''


Sec.  1264.124  [Amended]

0
11. In Sec.  1264.124, the first sentence, remove word ``supoena'' and 
add in its

[[Page 42030]]

place the word ``subpoena'' and remove the word ``supoenaed,'' and add 
in its place the word ``subpoenaed.''

PART 1266--CROSS-WAIVER OF LIABILITY

0
12. The authority citation for part 1266 is revised to read as follows:

    Authority: 51 U.S.C. 20139 and 51 U.S.C. 20113(a), (e), and (f).

Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2015-17214 Filed 7-15-15; 8:45 am]
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