Rule2021-19508
Use of NASA Airfield Facilities by Aircraft Not Operated for the Benefit of the Federal Government
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 10, 2021
Effective
November 9, 2021
Issuing agencies
National Aeronautics and Space Administration
Abstract
This direct final rule makes non-substantive changes to update the list of available airport facilities.
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50624-50625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19508]
[[Page 50624]]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1204
[Document Number NASA-21-052; Docket Number-NASA-2021-0004]
RIN 2700-AE53
Use of NASA Airfield Facilities by Aircraft Not Operated for the
Benefit of the Federal Government
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Direct final rule.
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SUMMARY: This direct final rule makes non-substantive changes to update
the list of available airport facilities.
DATES: This direct final rule is effective on November 9, 2021.
Comments due on or before October 12, 2021. If adverse comments are
received, NASA will publish a timely withdrawal of the rule in the
Federal Register.
ADDRESSES: Comments must be identified with RINs 2700-AE53 and may be
sent to NASA via the Federal E-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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: Daniela Cruzado, 202-358-1173.
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 non-substantive changes to provide updated
available NASA airfield facilities. 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 notification 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
Subpart 14 of part 1204, promulgated July 29, 1991 [56 FR 35812],
establishes the responsibilities, conditions, and procedures for the
use of NASA airfield facilities by aircrafts not operated for the
benefit of the Federal Government. Sections 1204.1401, 1204.1403,
1204.1404, and 1204.1405 will be amended to update the list of
available NASA airfield facilities.
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 (E.O.) 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). E.O.
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 E.O. 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 E.O. 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999), requires
regulations to 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 E.O.. Therefore, no federalism assessment is
required.
List of Subjects in 14 CFR Part 1204
Administrative practice and procedure, Airports, Authority
delegations (Government agencies), Federal buildings and facilities,
Government contracts, Government procurement, Intergovernmental
relations, Security measures, Small businesses.
Accordingly, under the authority of the National Aeronautics and
Space Act, as amended, 51 U.S.C. 20113, NASA amends 14 CFR part 1204 as
follows:
PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY
Subpart 14--Use of NASA Airfield Facilities by Aircraft Not
Operated for the Benefit of the Federal Government
0
1. This authority citation for part 1204, subpart 14, continues to read
as follows:
Authority: 42 U.S.C. 2473(c)(1).
0
2. Amend Sec. 1204.1401 by:
0
a. Removing and reserving paragraphs (a)(1), (3), and (4);
0
b. Redesignating paragraphs (b) through (g) as paragraph (c) through
(h); and
0
c. Adding new paragraph (b).
The addition reads as follows:
Sec. 1204.1401 Definitions.
* * * * *
(b) NASA owned but non-NASA operated airfield facility. Those
aeronautical facilities owned by NASA but not operated by NASA that
consist of the following:
(1) Shuttle Landing Facility (SLF). The aeronautical facility which
is a part of the John F. Kennedy Space Center (KSC), Kennedy Space
Center, Florida, and is located at 80[deg]41' west longitude and
28[deg]37' north latitude.
(2) Moffett Federal Airfield (MFA). The aeronautical facility which
is part of the Ames Research Center, Moffett Field, California, and is
located at 122[deg]03' west longitude and 37[deg]25' north latitude.
* * * * *
0
3. Amend Sec. 1204.1403 by:
0
a. Removing and reserving paragraphs (a), (c), and (d); and
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0
b. Revising paragraphs (e) and (f).
The revisions read as follows:
Sec. 1204.1403 Available airport facilities.
* * * * *
(e) NASA owned but non-NASA operated airfields. (1) Shuttle Landing
Facility (SLF) may be made available on an individual emergency basis
to a user with prior permission from the airfield operator.
(2) Moffett Federal Airfield (MFA) may be made available on an
individual emergency basis to a user with prior permission from the
airfield operator.
(3) No facilities or services other than those described in this
section are available except on an individual prior permission or
emergency basis to any user.
(f) Status of facilities. Changes to the status of the KSC, WFF,
and MFA facilities will be published in appropriate current FAA or
Department of Defense (DOD) aeronautical publications.
Sec. 1204.1404 [Amended]
0
4. Amend Sec. 1204.1404 by removing and reserving paragraphs (a)(1)
and (3).
0
5. Amend Sec. 1204.1405 by revising paragraph (c) to read as follows:
Sec. 1204.1405 Approving authority.
* * * * *
(c) Moffett Federal Airfield. Chief, Airfield Management Office,
Ames Research Center, NASA.
Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2021-19508 Filed 9-9-21; 8:45 am]
BILLING CODE 7510-13-P
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</html>Indexed from Federal Register on September 10, 2021.
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