REG NASA NPD 1400 2 REV E W CHG 1-2011 Publishing NASA Documents in the Federal Register and Responding to Regulatory Actions w Change 1 9 24 2012.pdf

1、 NODIS Library | Organization and Administration(1000s) | Search | NASA Policy Directive NPD 1400.2E Effective Date: November 29, 2011 Expiration Date: November 29, 2016 COMPLIANCE IS MANDATORY Printable Format (PDF) R e q u e s t N o tif ic a tio n o f C h a n g e(NASA Only) Subject: Publishing NA

2、SA Documents in the Federal Register and Responding to Regulatory Actions w/Change 1 Responsible Office: Office of Internal Controls and Management Systems Ch # Date Description/Comments 1 09/24/2012 The responsibility section for the Assistant Administrator for Procurement was updated to align with

3、 48 CFR 1801.103 which states, “Under the following authorities, the Administrator has delegated to the Assistant Administrator for Procurement authority to prepare, issue, and maintain the NFS.“ This authority does not extend beyond contracts. Therefore, all rules and notices pertaining to grants a

4、nd cooperative agreements will be processed for the Administrators signature through the Office of Internal Controls and Management Systems. 1. POLICY a. It is NASAs policy to publish its notices and regulations in the Federal Register (FR) to give the general public information on the Agencys activ

5、ities and, where applicable, an opportunity to comment. Notices and regulations are prepared in accordance with the FR Document Drafting Handbook and certified as prescribed by the Administrative Committee of the Federal Register. (1) NASA notices include, but are not limited to, notices of meetings

6、 for the NASA Advisory Council (NAC) or NAC subcommittees, prospective patent licenses, Government-owned inventions available for licensing, final environmental impact statements, and information collections. NASA notices are issued by the office of primary responsibility to achieve compliance with

7、external requirements. (2) NASA regulations, which are codified in Titles 2, 5, 14, and 48 of the Code of Federal Regulation (CFR) include proposed rules (i.e., notices of proposed rulemaking), preliminary Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-

8、rules (i.e., advance notices of proposed rulemaking), final rules, interim final rules, and direct final rules. See Attachment A for definitions. A regulation is amended or issued if an Official-in-Charge (OIC) and the General Counsel determine that it is required or is the best available method

9、 for achieving compliance with the Agencys objectives. b. It is NASAs policy to submit its planned regulatory priorities to the Office of Management and Budgets (OMB) semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions and summarize its significant regulations under development

10、in OMBs annual Regulatory Plan. As prescribed by Executive Order (EO) 12866, Regulatory Planning and Review and EO 13563, Improving Regulation and Regulatory Review, NASA regulations will be proposed only upon a reasoned determination that its benefits justify its cost, and are tailored to impose th

11、e least burden on society. 2. APPLICABILITY a. This NPD is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. b. In this NPD, all mandatory actions (i.e., requirements) are denoted by statements containing the term “shall.“ The

12、 terms: “may“ or “can“ denote discretionary privilege or permission, “should“ denotes a good practice and is recommended, but not required, “will“ denotes expected outcome, and “are/is“ denotes descriptive material. 3. AUTHORITY a. The National Aeronautics and Space Act, as amended, 51 U.S.C. 20113(

13、a). b. The Privacy Act of 1974, 5 U.S.C. 552a. c. Administrative Committee of the Federal Register, 1 C.F.R. pts. 1-12, 15-22, and 51. d. Regulatory Planning and Review, Exec. Order 12866, 3 C.F.R. 638 (1993), as amended. e. Improving Regulation and Regulatory Review, Exec. Order 13563. 4. APPLICABL

14、E DOCUMENTS a. Inspector General Act of 1978, as amended, 5 U.S.C. App. b. Federal Advisory Committee Act, 5 U.S.C. App., as amended. c. Government in the Sunshine Act, 5 U.S.C. 552b. d. Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq. Provided by IHSNot for ResaleNo reproduction or networki

15、ng permitted without license from IHS-,-,-e. Congressional Review of Agency Rulemaking, 5 U.S.C. 801-808. f. National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., as amended. g. Paperwork Reduction Act of 1980, 44 U.S.C 3501. h. E-Government Act of 2002, PL 107-347, 116 Stat. 2899 (2002

16、), as amended. i. Civil Justice Reform, Exec. Order 12988, 3 C.F.R. 157 (1996). j. Consultation and Coordination With Indian Tribal Governments, Exec. Order 13175 (2000). k. Federalism, Exec. Order 13132, 3 C.F.R. 206 (1999). l. NASA Grants and Cooperative Agreements Handbook, 14 C.F.R. pt. 1260, et

17、 seq. m. Regulations Implementing the Government in the Sunshine Act, 29 C.F.R. pt. 2203. n. Federal Advisory Committee Management, 41 C.F.R. pts. 102-103. o. Federal Acquisitions Regulation, 48 C.F.R. p. NPR 1441.1, NASA Records Retention Schedules. q. Federal Register Document Drafting Handbook, 1

18、998 edition. r. Standard Operating Procedures for Publishing NASA Documents in the Federal Register (Attachment B). s. NHQ Form 117, Action Document Summary. t. Form 24722, Submission of Federal Rules Under the Congressional Review Act. u. Regulatory Information Data Form. 5. RESPONSIBILITY a. The N

19、ASA Administrator shall sign all regulations prior to publication in the FR, except as provided in paragraph 5e. b. The NASA Associate Deputy Administrator for Policy Integration, as NASAs Regulatory Policy Officer, in accordance with EO 12866, shall approve NASAs statement of regulatory priorities

20、included in OMBs annual Regulatory Plan. c. The Assistant Administrator for the Office of Internal Controls and Management Systems (OICMS) shall: Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-(1) Implement all external requirements for preparation

21、and submission of Agency notices and regulations. (2) Approve NASAs submission to OMBs semiannual Unified Agenda. (3) Designate an FR liaison officer, certifying officer, and authorizing officer with an alternate for each. d. The FR liaison officer, certifying officer, and authorizing officer shall:

22、 (1) Ensure that all NASA notices and regulations are properly prepared in accordance with the FR Document Drafting Handbook. (2) Ensure that regulations are coordinated, approved, and published within established timelines, and withdrawn from the Unified Agenda if not submitted for signature to the

23、 Administrator in order to meet established timelines. (3) Ensure that responsible offices are notified when regulations under their authority approach the five-year required review, six months in advance, and request that regulations be reviewed to determine if any should be amended, repealed, or r

24、etained as is. (4) Ensure that NASA regulations are posted in the Federal Docket Management System (FDMS) for public comment, as prescribed by the E-Government Act of 2002, EO 12866, and EO 13563. (5) Ensure that regulations are provided to Congress and the General Accountability Office (GAO) for a

25、Congressional review before they take effect, in accordance with the Congressional Review of Agency Rulemaking, except as provided in paragraph 5e. (6) Obtain OMBs approval on all NASA regulations before submitting the regulations to the FR for publication, in accordance with EO 12866, except as pro

26、vided in paragraph 5e. (7) E-mail all digitally signed notices to the FR for publication, except as provided in paragraph 5e. (8) Certify and transmit all NASA regulations to the FR for publication, except as provided in paragraph 5e. (9) Coordinate and submit NASAs regulatory priorities and regulat

27、ions under development to OMB for inclusion in the Regulatory Plan and the Unified Agenda using the Regulatory Information Service Center and Office of Information and Regulatory Affairs Consolidated Information System. (10) Maintain all records pertaining to NASA notices and regulations and the Age

28、ncys submission to the Regulatory Plan and the Unified Agenda, in accordance with NPR 1441.1, NASA Records Retention Schedules. e. The Assistant Administrator for Procurement, or designee, shall: Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-(1) Pr

29、epare and sign all notices and regulations dealing with the Federal Acquisitions Regulation (FAR), in accordance with the FR Document Drafting Handbook. (2) Certify and transmit all procurement-related notices and regulations dealing with FAR to the FR for publication/ (3) Post all procurement-relat

30、ed regulations dealing with the FAR in the FDMS to receive and respond to public comments, in accordance with the E-Government Act of 2002. (4) Submit regulatory priorities and regulations under development to the FR Liaison Officer for inclusion in the Regulatory Plan and the Unified Agenda. f. The

31、 NASA General Counsel, or designee, shall: (1) Prepare and sign all notices announcing the availability of patents for licensing and notices of intent to grant a specific patent license. (2) Advise OICMS on the legal requirements for publishing in the FR. (3) Review and concur on all NASA regulation

32、s and NASAs annual statement of regulatory priorities and semiannual Unified Agenda, as prescribed by EO 12988, Civil Justice Reform. g. The Assistant Administrator for Strategic Infrastructure, or designee, shall: (1) Prepare and coordinate notices that have the potential to adversely affect the en

33、vironment, or cause public controversy due to environmental impacts, to ensure compliance with the National Environmental Policy Act of 1969, as amended. (2) Designate a Federalism Officer. (3) Designate an Indian Tribal Governments Liaison Officer. h. The Federalism Officer shall review the Agencys

34、 consolidation of regulations under development, prior to submission to OMBs Unified Agenda, in order to: (1) Determine the impact of each NASA regulation on State and local government, pursuant to EO 13232, Federalism. (2) Ensure appropriate consultation with State and local officials when NASA reg

35、ulations preempt State law. (3) Submit a Federalism summary impact statement to OMB prior to the promulgation of a NASA regulation that preempts State law. (4) Prior to the promulgation of a NASA regulation that preempts State law, make available to OMB any written communications submitted to NASA b

36、y State and local officials. i. The Indian Tribal Governments Liaison Officer shall review the Agencys consolidation of regulations under development, prior to submission to OMBs Unified Agenda, in order to: Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IH

37、S-,-,-(1) Determine the impact on Indian Tribal Governments for each NASA regulation, pursuant to EO 13175, Consultation and Coordination with Indian Tribal Governments. (2) Ensure appropriate consultation with Indian Tribal Government officials when NASA regulations preempt tribal law. (3) Submit a

38、n Indian Tribal Government impact statement to OMB prior to the promulgation of a NASA regulation preempting Indian tribal law. j. The Associate Administrator for International and Interagency Relations, or designee, shall: (1) Review all international and export control-related notices and regulati

39、ons to ensure compliance with appropriate international agreements, U.S. foreign policies, and export control regulations. (2) Designate a NASA Federal Advisory Committee Management Officer (ACMO). k. The ACMO shall sign all notices announcing NASA Federal advisory committee meetings, including meet

40、ings of the NASA Advisory Council and its committees, the Aerospace Safety Advisory Panel, and other NASA Federal advisory committee meetings. Such meeting notices shall be published in the FR at least 15 calendar days prior to the date of the meeting, as prescribed by the Federal Advisory Committee

41、 Management. l. The Chief Information Officer, or designee, shall: (1) Prepare and sign all notices dealing with information collections under OMB review as part of NASAs continuing effort to reduce paperwork and respondent burden, in accordance with the Paperwork Reduction Act and the Regulatory Fl

42、exibility Act, as well as notices dealing with NASA systems of records subject Privacy Act of 1974. (2) Coordinate NASAs current memorandum of agreement with the Environmental Protection Agency (EPA) to support the maintenance and operations of the FDMS, as well as transfer funding to EPA that reaso

43、nably reflect NASAs allocable share of calendar year costs for implementation, use, operations, and management of the FDMS. m. The Assistant Administrator for Small Business Programs shall review and concur on all NASA regulations prior to publication in the FR, and NASAs annual statement of regulat

44、ory priorities and semiannual unified agenda, to determine whether the regulations are likely to have a significant economic impact on a substantial number of small entities, in accordance with the Regulatory Flexibility Act. n. The Executive Director for Headquarters Operations, or designee, shall

45、maintain tracking of all notices and regulations published under the Agencys assigned billing code. o. The Assistant Administrator for Human Capital Management shall coordinate the consultation of NASA regulations, except as provided in paragraph 5e, with labor organizations granted National consult

46、ation rights at NASA, in addition to conducting its own review and submitting a concurrence on these documents. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-p. OICs of Headquarters Offices, or their designees, shall: (1) Ensure that all notices an

47、d regulations under their authority comply with the provisions of this NPD. (2) Prepare notices of upcoming meetings for Federal advisory committee meetings under their authority and coordinate such notices with the NASA Federal ACMO for approval with sufficient lead time to ensure that notices are

48、published in the FR not less than 15 calendar days prior to the meeting. (3) E-mail draft notices to OICMS for review and approval and OICMS- approved, digitally signed notices for publication. (4) Obtain concurrence from the Office of the General Counsel and written approval from the NASA Federal A

49、CMO for any NASA Federal advisory committee meetings that: (a) Are of an administrative, preparatory, or fact-finding nature not subject to the Federal Advisory Committee Act (FACA); or (b) Require Agency written approval to formally close the meeting to the public, in accordance with FACA, the Government in the Sunshine Act, and other implementing regulations. (5) Consult the Office of the Gener