[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Rules and Regulations]
[Pages 49225-49226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19735]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 /
Rules and Regulations
[[Page 49225]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
5 CFR Part 6901
[Docket Number--2014-0001]
RIN 2700-AE03
Supplemental Standards of Ethical Conduct for Employees of the
National Aeronautics and Space Administration
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: NASA, with the concurrence of the Office of Government Ethics
(OGE), has adopted as final, without change, an interim rule amending
the Supplement Standards of Ethical Conduct for Employees of the
National Aeronautics and Space Administration.
DATES: Effective Date: August 20, 2014.
FOR FURTHER INFORMATION CONTACT: Adam F. Greenstone, Alternate
Designated Agency Ethics Official, NASA Office of the General Counsel,
300 E. St. SW., Washington, DC 20546, 202.358.1775,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
NASA published an interim rule in the Federal Register at 79 FR
7565 on February 10, 2014, to amend the Supplemental Standards of
Ethical Conduct for Employees of the National Aeronautics and Space
Administration. The rule permitted student interns to seek prior
approval to engage in outside employment with a NASA contractor,
subcontractor, grantee, or party to a NASA agreement in connection with
work performed by that entity or under that agreement. The amendments
clarified the types of outside employment activities that require
approval; streamlined the process for approval; eliminated obsolete
position titles; and extended the permissible time period of approval.
The interim rule became effective on February 10, 2014. One respondent
submitted a comment on the interim rule.
II. Discussion and Analysis
The NASA Office of General Counsel reviewed the comment and
considered it in development of the final rule.
A. Summary of Significant Changes
No changes were made as a result of the public comments.
B. Analysis of Public Comments
Comment: The respondent commented that this was a positive
regulatory change that would fix the predicament of student interns at
NASA being too broadly restricted from engaging in outside employment,
and increase interest in NASA's internships.
Response: The comment supports NASA's regulatory amendments in the
interim rule. Previously, student interns generally were barred from
employment with an entity performing work under a NASA contract, grant,
or Space Act agreement in connection with that work. In making this
regulatory change, NASA concluded that the previous prohibition was
unnecessarily broad, and that the integrity of NASA's operations will
not be diminished by liberalizing the current prohibition to permit
student interns to seek approval to engage in outside activities with
these entities. Student interns typically perform basic research
functions without substantial involvement in NASA decisions that affect
outside entities, and often spend extended periods in leave without pay
status during semesters when they carry a full-time academic workload.
It is also vital that students in STEM (science, technology,
engineering, math) disciplines have full access to NASA development
opportunities to maintain U.S. leadership in these fields. For these
reasons, NASA, with OGE's concurrence, retained but liberalized this
provision in a revised paragraph (c) of Sec. 6901.103 to permit
management to approve such activities of student interns when NASA
ethics officials determine that the activity would comply with Federal
ethics laws and OGE regulations, to which employed student interns
remain subject.
III. Regulatory Analysis Section
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. This rule would not
have a significant economic impact on a substantial number of small
entities because this rule only pertains to NASA employees.
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if the
regulation is necessary, to select the regulatory approach that
maximizes net benefits. This rule is not a significant regulatory
action under section 3(f) of Executive Order 12866, Regulatory Planning
and Review, because this rule relates solely to the internal operations
of NASA. Therefore, the Office of Management and Budget did not review
this rule.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
to this rule because it does not contain any information collection
requirement that requires approval of the Office of Management and
Budget.
Small Business Regulatory Enforcement Fairness Act
This rule relates to agency management or personnel, and therefore
the Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.) does not cover the rule.
Executive Order 13132, Federalism
This rule will not have substantial direct effects 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. Therefore, in accordance with Executive Order
13132, Federalism, NASA has determined that the rule does not have
sufficient federalism implications to warrant the
[[Page 49226]]
preparation of a federalism summary impact statement.
Unfunded Mandates Reform Act
For the purposes of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. chapter 25, subchapter II), this rule would not significantly or
uniquely affect small governments and would not result in increased
expenditures by State, local, and tribal governments, or by the private
sector, of $100 million or more (as adjusted for inflation) in any one
year.
List of Subjects in 5 CFR Part 6901
Ethical conduct.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 5 CFR part 6901, which was
published in the Federal Register at 79 FR 7565 on February 10, 2014,
is adopted as a final rule without change.
Dated: August 13, 2014.
Charles F. Bolden Jr.,
Administrator, National Aeronautics and Space Administration.
Walter M. Shaub, Jr.,
Director, United States Office of Government Ethics.
[FR Doc. 2014-19735 Filed 8-19-14; 8:45 am]
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