[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Rules and Regulations]
[Pages 43412-43413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16772]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1204

[Document Number NASA-21-015; Docket Number-NASA-2021-0003]
RIN 2700-AE62


NASA Guidance Procedures; Removal

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule removes information about NASA's processes and 
procedures for issuing guidance documents because requirements to 
publish this information were revoked.

DATES: Effective: August 9, 2021.

FOR FURTHER INFORMATION CONTACT: Nanette Smith, Team Lead, NASA 
Directives and Regulations Management, Mission Support Directorate, 
(202) 358-0819, <a href="/cdn-cgi/l/email-protection#d4bab5bab1a0a0b1fabeb1bababdbab3a794bab5a7b5fab3bba2"><span class="__cf_email__" data-cfemail="dbb5bab5beafafbef5b1beb5b5b2b5bca89bb5baa8baf5bcb4ad">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Executive Order 13891, Promoting the Rule of Law Through Improved 
Agency Guidance Documents, issued October 9, 2019, required agencies to 
finalize regulations to set forth processes and procedures for issuing 
guidance documents. To respond to this action, NASA issued its Guidance 
Procedures, 14 CFR part 1204 subpart 3, that published on March 24, 
2020, at 85 FR 16542.
    On January 20, 2021, Executive Order 13992, Revocation of Certain 
Executive Orders Concerning Federal Regulation, was issued to revoke 
several regulatory policies, including Executive Order 13891. 
Therefore, NASA is removing 14 CFR part 1204 subpart 3, NASA Guidance 
Documents, to comply with Executive Order 13992.

II. Regulatory Analysis

Executive Order 12866--Regulatory Planning and Review and Executive 
Order 13563--Improving Regulation and Regulatory Review

    Executive Orders 12866 and 13563 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, reducing costs, harmonizing rules, and promoting flexibility. 
This rule is not a significant regulatory action under Executive Order 
12866.

Executive Order 13132--Federalism

    Executive Order 13132 requires agencies to ensure meaningful and 
timely input by state and local officials in the development of 
regulatory policies that may have a substantial, direct effect 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. This action has been analyzed in 
accordance with the principles and criteria contained in the order, and 
NASA has determined that this action will not have a substantial direct 
effect or federalism implications on the states and would not preempt 
any state law or regulation or affect the states' ability to discharge 
traditional state governmental functions. Therefore, consultation with 
the states is not necessary.

[[Page 43413]]

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175. NASA has determined 
that this removal of Subpart 1204.3 does not significantly or uniquely 
affect the communities of the Indian tribal governments or impose 
substantial direct compliance costs on them, the funding and 
consultation requirements of Executive Order 13175 does not apply.

Regulatory Flexibility Act

    It has been certified that removal of Subpart 1204.3 is not subject 
to the Regulatory Flexibility Act (5 U.S.C. 601) because it does not 
have a significant economic impact on a substantial number of small 
entities.

Administrative Procedure Act

    This final rule responds to Executive Order 13992 that requires 
agencies to remove the CFR regulations that set forth processes and 
procedures for issuing guidance documents. Therefore, in accordance 
with 5 U.S.C. 553, the Administrator of NASA has concluded that there 
is good cause to publish this rule without prior opportunity for public 
comment because the action is of Agency organization, procedure, or 
practice. See 5 U.S.C 553(b)(3)(A).

Statutory Authority

    Part 1204 is established under the National Aeronautics and Space 
Act (Space Act). In accordance with 51 U.S.C. 20113(a), ``In the 
performance of its functions, the Administration is authorized 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.''

Paperwork Reduction Act

    This rule does not contain an information collection requirement 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments.

List of Subjects in 14 CFR Part 1204

    Administrative practice and procedure.

    Accordingly, 14 CFR part 1204 is amended as follows:

PART 1204--ADMINISTRATIVE AUTHORITY AND POLICY

Subpart 3 [Removed and Reserved]

0
Under the authority of 51 U.S.C. 20113(a), subpart 3, consisting of 
Sec. Sec.  1204.300 through 1204.313, is removed and reserved.

Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2021-16772 Filed 8-6-21; 8:45 am]
BILLING CODE 7510-13-P


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