Rule2024-07421
Delegations and Designations
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
April 16, 2024
Effective
June 17, 2024
Issuing agencies
National Aeronautics and Space Administration
Abstract
The National Aeronautics and Space Administration (NASA) is amending its delegations and designations rule to correct citations and titles throughout, to establish delegations of authority for Real Estate Contracting Officers, and to clarify regulatory text in specific sections.
Full Text
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<title>Federal Register, Volume 89 Issue 74 (Tuesday, April 16, 2024)</title>
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[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Rules and Regulations]
[Pages 26757-26760]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07421]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1204
[NASA Document No: NASA-23-054; NASA Docket No: NASA-2023-0003]
RIN 2700-AE74
Delegations and Designations
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
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SUMMARY: The National Aeronautics and Space Administration (NASA) is
amending its delegations and designations rule to correct citations and
titles throughout, to establish delegations of authority for Real
Estate Contracting Officers, and to clarify regulatory text in specific
sections.
DATES: This direct final rule is effective on June 17, 2024. Comments
are due on or before May 16, 2024. 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-AE74 and may be
sent to NASA via the Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://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, 202-295-7589.
SUPPLEMENTARY INFORMATION:
Direct Final Rule and Significant Adverse Comments
NASA has determined that this rulemaking meets the criteria for a
direct final rule because it makes changes to correct citations and
titles throughout, to establish delegations of authority for Real
Estate Contracting Officers, and to clarify regulatory text in specific
sections. 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 change. In determining whether a comment necessitates
withdrawal of this direct final rule, NASA will
[[Page 26758]]
consider whether it warrants a substantive response in a notice and
comment process.
Background
Subpart 5 of part 1204, promulgated March 13, 1965 (30 FR 3378),
established delegations and designations for NASA officials and other
Government agencies acting on behalf of the Agency to carry out
functions related to real estate and related matters, granting
easements, leaseholds, permits, and licenses in real property,
executing certificates of full faith and credit, and taking actions on
liquidated damage. Sections 1204.501, 1204.503, and 1204.504 will be
amended to correct citations and titles, and to clarify regulatory text
in specific sections. Additionally, Sections 1204.503 and 1204.504 will
be amended to establish delegation of authority for Real Estate
Contracting Officers.
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 (E.O.) 12866, Regulatory Planning and Review and E.O.
13563, Improving Regulation and Regulation Review
E.O.'s 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 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 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, Authority delegation
(Government agencies), Federal buildings and facilities.
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 5--Delegations and Designations
0
1. The authority citation for subpart 5 to part 1204 is revised to read
as follows:
Authority: 51 U.S.C. 20113(a).
Sec. 1204.501 [Amended]
0
2. Amend Sec. 1204.501 as follows:
0
a. In paragraph (a) introductory text, add the words ``the Office of''
before the word ``Strategic'' and remove the words ``Integrated Asset
Management'' and add in their place the words ``Facilities and Real
Estate.''
0
b. In paragraph (a)(2)(i), remove the word ``to'' before the words
``sign declarations of taking.''
0
c. In paragraph (a)(2)(ii), add the text ``, in accordance with
statutory authority'' after the word ``reimbursement.''
0
d. In paragraph (a)(2)(iv), add the words ``in or over real property
owned or'' before the word ``controlled.''
0
e. In paragraph (a)(2)(v):
0
i. Remove the phrase ``NASA-controlled'' and add in its place the
phrase ``NASA-owned or -controlled.''
0
ii. Remove the word ``Comptroller'' and add in its place the words
``Office of the Chief Financial Officer.''
0
3. Revise Sec. 1204.503 to read as follows:
Sec. 1204.503 Delegation of authority to grant easements.
(a) Scope. 40 U.S.C. 1314 authorizes executive agencies to grant,
under certain conditions, the easements as the head of the agency
determines will not be adverse to the interests of the United States
and subject to the provisions as the head of the agency deems necessary
to protect the interests of the United States.
(b) Delegation of authority. The Assistant Administrator for the
Office of Strategic Infrastructure and the Director, Facilities and
Real Estate Division, are delegated authority to take actions in
connection with the granting of easements.
(c) Redelegation. (1) The Real Estate Branch Chief may, subject to
the restrictions in paragraph (d) of this section, exercise the
authority of the National Aeronautics and Space Act of 1958, as
amended, and 40 U.S.C. 1314 to authorize or grant easements in, over,
or upon real property of the United States owned and/or controlled by
NASA upon compliance with statute including a determination that such
authorization or grant will not be adverse to the interests of the
United States.
(2) The Real Estate Branch Chief may redelegate this authority to
the appropriate warranted Real Estate Contracting Officer, in
accordance with the requirements set forth in NASA Procedural
Requirements (NPR) 8800.15, Real Estate Management Program.
(d) Restrictions. Except as otherwise specifically provided, no
such easement shall be authorized or granted under the authority stated
in paragraph (c) of this section unless:
(1) The responsible Center Director has provided approval that such
grant is appropriate.
(2) The Center Director provides certification to the appropriate
Real Estate Contracting Officer:
(i) That the interest in real property to be conveyed is not
required for a NASA program.
(ii) That the grantee's exercise of rights under the easement will
not be adverse to the interests of the United States or interfere with
NASA operations.
(3) Monetary or other benefit, including any interest in real
property, is received by the government as
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consideration for the granting of the easement.
(4) The instrument granting the easement is on a form or template
approved or directed to be used by the Real Estate Branch Chief, and
provides at a minimum:
(i) For the termination of the easement, in whole or in part, and
without cost to the Government, if there has been:
(A) A failure to comply with any term or condition of the easement;
(B) A nonuse of the easement for a consecutive two-year period for
the purpose for which granted; or
(C) An abandonment of the easement.
(ii) That written notice of the termination shall be given to the
grantee, or its successors or assigns, by the Assistant Administrator
for the Office of Strategic Infrastructure or the Director, Facilities
and Real Estate Division, and that termination shall be effective as of
the date of the notice.
(iii) That restoration provisions are provided for in the agreement
that protect the interests of the United States and ensure the grantee
is responsible for removal of any and all improvements in or on NASA
real property.
(iv) Such other reservations, exceptions, limitations, benefits,
burdens, terms, or conditions as are set forth in the forms and
templates for easements approved for NASA use by the Real Estate Branch
Chief.
(e) Waivers. If, in connection with a proposed granting of an
easement, the Real Estate Contracting Officer or Center Director
determines that a waiver from any of the restrictions in paragraph (d)
of this section is appropriate, authority for the waiver may be
requested from the Assistant Administrator for the Office of Strategic
Infrastructure or the Director, Facilities Real Estate Division.
(f) Services of the Corps of Engineers. In exercising the authority
herein granted, the Real Estate Contracting Officer, under the
applicable provisions of any cooperative agreement between NASA and the
Corps of Engineers (in effect at that time), may:
(1) Utilize the services of the Corps of Engineers, U.S. Army.
(2) Delegate authority to the Corps of Engineers to execute, on
behalf of NASA, grants of easements in real property, as authorized in
this section, provided that the conditions set forth in paragraphs (d)
and (e) of this section are complied with.
(g) Distribution of documents. One copy of each document granting
an easement interest under this authority, including instruments
executed by the Corps of Engineers, will be filed in the Central
Depository for Real Property Documents at National Aeronautics and
Space Administration, Office of Strategic Infrastructure, Facilities
and Real Estate Division, Washington, DC 20546.
0
4. Revise Sec. 1204.504 to read as follows:
Sec. 1204.504 Delegation of authority to grant leaseholds, permits,
and licenses in real property.
(a) Delegation of authority. The National Aeronautics and Space
Act, as amended, authorizes NASA to grant agreements for the use of
NASA-owned and/or -controlled real property. This authority is
delegated to the Assistant Administrator for the Office of Strategic
Infrastructure and the Director, Facilities Real Estate Division.
(b) Definitions. The following definitions will apply:
(1) Real Property refers to land, buildings, structures (including
relocatable structures), air space, utility systems, improvements, and
appurtenances annexed to land referred to as real property assets. For
purposes of NASA use, the term real property also includes related
personal property, also known as collateral equipment.
(2) State means the States of the Union, the District of Columbia,
the Commonwealth of Puerto Rico, and the possessions of the United
States.
(3) Person includes any corporation, partnership, firm,
association, trust, estate, or other entity.
(c) Redelegation. (1) The Real Estate Branch Chief may, subject to
the restrictions in paragraph (d) of this section, grant a leasehold,
permit, or license to any Person or organization, including other
Government agencies, a State, or political subdivision or agency
thereof. This authority may not be exercised with respect to real
property which is proposed for use by a NASA exchange and subject to
the provisions of NASA Policy Directive 9050.6, NASA Exchange and
Morale Support Activities.
(2) The Real Estate Branch Chief may redelegate this authority to
the appropriate warranted Real Estate Contracting Officer, in
accordance with the requirements set forth in NPR 8800.15.
(d) Restrictions. Except as otherwise specifically provided, no
leasehold, permit, or license shall be granted under the authority
stated in paragraph (c) of this section unless:
(1) The responsible Center Director has provided approval that such
leasehold, permit, or license is appropriate.
(2) The Center Director provides certification to the appropriate
Real Estate Contracting Officer:
(i) That the interest or rights to be granted are not required for
a NASA program.
(ii) That the interests or rights to be granted will not be adverse
to the interests of the United States nor interfere with NASA
operations.
(3) That, in the case of leaseholds fair market value monetary
consideration is received by NASA.
(4) The instrument granting the leasehold, permit, or license in
real property is on a form or template approved by or directed to be
used by the Real Estate Branch Chief, and provides, at a minimum:
(i) For unilateral termination by NASA in the event of:
(A) Default by the grantee; or
(B) Abandonment of the property by the grantee; or
(C) Force majeure circumstances including a determination by
Congress, the President, or the NASA Administrator that the interest of
the national space program, the national defense, or the public welfare
require the termination of the interest granted, with advance, written
notice provided to the grantee.
(ii) A liability waiver, indemnification requirements,
environmental requirements, and insurance provisions as needed to
suitably protect the United States from damages arising from the
grantee's use of NASA real property.
(iii) That restoration provisions are provided for in the agreement
that protect the interests of the United States and ensure the grantee
is responsible for removal of any and all improvements in or on NASA
real property.
(iv) Such other reservations, exceptions, limitations, benefits,
burdens, terms, or conditions as are set forth in the forms and
templates for leaseholds, permits, and licenses in real property
approved by and directed for use by the Real Estate Branch Chief.
(e) Waivers. If, in connection with a proposed grant, the Real
Estate Contracting Officer or Center Director determines that a waiver
from any of the restrictions set forth in paragraph (d) of this section
is appropriate, a request may be submitted to the Assistant
Administrator for the Office of Strategic Infrastructure or the
Director, Facilities Real Estate Division.
(f) Distribution of documents. One copy of each document granting
an interest in real property will be filed in the Central Depository
for Real Property Documents at: National Aeronautics and Space
Administration, Office of
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Strategic Infrastructure, Washington, DC 20546.
Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2024-07421 Filed 4-15-24; 8:45 am]
BILLING CODE 7510-13-P
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</html>Indexed from Federal Register on April 16, 2024.
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