NASA Procedural Requirements

NPR 1400.2 Effective Date: November 26, 2024 Expiration Date: November 26, 2029

Subject: Regulatory Management Procedural Requirements

Responsible Office: Chief of Staff

Chapter 2. Responsibilities

2.1 Administrator

The NASA Administrator, or the designated senior official within the Office of the Administrator, approves regulations codified in National Aeronautics and Space Administration, 5 CFR pts. 6900-6999 and Aeronautics and Space, 14 CFR pts. 1200-1299. This signature serves as approval for OES to submit digitally signed regulations to the FR for publication.

2.2 Deputy Administrator

The Deputy Administrator, or the designated senior official within the Office of the Administrator, concurs on regulations codified in 5 CFR pts. 6900-6999 and 14 CFR pts. 1200-1299 prior to publication. As prescribed in NPD 1000.3, the Deputy Administrator serves as the Chief Acquisition Officer and in this capacity, oversees all regulatory activities involving amendments made to National Aeronautics and Space Administration, 2 CFR pts. 1800-1899 and National Aeronautics and Space Administration, 48 CFR pts. 1801-1899.

2.3 Associate Administrator

The Associate Administrator concurs on regulations codified in 5 CFR pts. 6900-6999 and 14 CFR pts. 1200-1299 prior to publication and approves these regulations when delegated.

2.4 Chief of Staff

2.4.1 The Chief of Staff:

a. Serves as NASA's Regulatory Policy Officer (RPO).

b. Oversees NASA's regulatory activities described in this directive, clearance procedures for regulations in accordance with NPR 1450.10, Office of the Administrator Correspondence, Actions, and Clearance Procedural Requirements, and concurs on regulations codified in 5 CFR pts. 6900-6999 and 14 CFR pts. 1200-1299 prior to publication.

c. Approves NASA's input to the Unified Agenda and Regulatory Plan and its Statement of Regulatory Priorities included in OMB's annual Regulatory Plan.

2.5 Director for the Office of the Executive Secretariat

2.5.1 The Director for the Office of the Executive Secretariat (OES), or designee, is responsible for:

a. Implementing all external requirements for regulatory management at NASA.

b. Managing NASA's regulatory activities described in this directive.

c. Ensuring that responsible offices are notified when regulations under their authority approach the 5-year required review, six months in advance, and request that regulations be reviewed to determine if any should be amended, repealed, or retained as is.

d. Collaborating with the Office of the Chief Information Officer (OCIO) on matters pertaining to the eRulemaking Program and the system that supports it to maintain NASA's agreement with the General Services Administration (GSA).

e. Maintaining all records pertaining to NASA notices and regulations and the Agency's submission to OMB's Regulatory Plan and the Unified Agenda in accordance with NPR 1441.1, NASA Records Management Program Requirements.

2.6 General Counsel

2.6.1 The NASA General Counsel, or designee, is responsible for:

a. Preparing and signing all notices announcing the availability of patents for licensing and notices of intent to grant a specific patent license.

b. Preparing annual updates to Implementation of the Program Fraud Civil Penalties Act of 1986, 14 CFR pt. 1264, that implement the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015, Pub. L. 114-74, section 701, 129 Stat. 584, 599, to make inflation adjustments to civil monetary penalties.

c. Reviewing and concurring on all NASA regulations and NASA's annual statement of regulatory priorities and semiannual Unified Agenda, as described by Civil Justice Reform, E. O. 12988.

d. Advising the Agency's Liaison Officer on the legal requirements for publishing in the FR. Refer to the Liaison Officer's responsibilities in paragraph 2.18.

2.7 Chief Financial Officer

The NASA Chief Financial Officer is responsible for reviewing all regulations to ensure proper financial, resource (including budget, strategic planning, and performance), and acquisition consideration and commenting and concurring on all regulations during the coordination process prior to signature by the NASA Administrator.

2.8 Chief Information Officer

2.8.1 The Chief Information Officer, or designee:

a. In coordination with responsible offices, prepares and signs all notices dealing with information collections under OMB review as part of NASA's continuing effort to reduce paperwork and respondent burden as prescribed in the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 and the 5 U.S.C 601 et seq. and described in NAII 2800.1, Paperwork Reduction Act Compliance Program, as well as notices dealing with NASA Privacy Act systems of records subject to 5 U.S.C. § 552a and prescribed in NPR 1382.1, NASA Privacy Procedural Requirements.

b. Coordinates NASA's agreement with GSA to support the maintenance and operations of the Federal Docket Management System (FDMS) and with OES for approval on FS Form 7600A, United States Government General Terms and Conditions and FS Form 7600B, United States Government Order for continued use of the system, as well as transfers funding to GSA that reasonably reflect NASA's allocable share of calendar year costs for implementation, use, operations, and management of FDMS, in accordance with E-Government Act of 2002, Pub. L. 107-347, 116 Stat. 2899 (2002), as amended, to support the eRulemaking Program.

c. Retrieves and responds to public comments in FDMS on information collections.

2.9 Chief Human Capital Officer

2.9.1 The Chief Human Capital Officer, or designee:

a. Coordinates the consultation of NASA regulations codified in 14 CFR pts. 1200-1299 with labor organizations granted national consultation rights at NASA as described in NPR 3711.1, Federal Employee Labor Management Relations Program.

b. Reviews and concurs on these regulations.

2.10 Assistant Administrator for Procurement

2.10.1 The Assistant Administrator for Procurement, as the Deputy Chief Acquisition Officer, prescribed by NPD 1000.3:

a. Informs the Chief Acquisition Officer on all regulatory activities involving amendments made to 2 CFR pts. 1800-1899 and 48 CFR pts. 1801-1899.

b. Manages the preparation and review of all regulations codified in 2 CFR pts. 1800-1899 and 48 CFR pts. 1801-1899, including submission to OMB for clearance and providing NASA's final approval.

c. Serves as the signatory to the Federal Acquisition Regulatory Council for Federal Acquisition Regulations (FAR) codified at 48 CFR pts. 1801-1899, which is jointly prepared, issued, and maintained by the Secretary of Defense, the Administrator of General Services, and the Administrator of NASA under several of their statutory authorities. See Establishment and Membership, 41 U.S.C. § 1302 and Authority, 48 CFR § 1.103(b).

d. Processes and transmits all procurement and grant related notices and regulations to the FR for publication via its Web Portal.

e. Posts all procurement and grant-related regulations in the FDMS to receive and respond to public comments.

f. Forwards regulations to the Government Accountability Office (GAO), the House of Representatives, and the Senate for the congressional review before they take effect in accordance with requirements in described in paragraph 3.3.2f

g. Submits regulatory priorities and regulations under development to the Directives Management Team (DMT) for inclusion in the Unified Agenda and Regulatory Plan.

h. Reviews and concurs on other NASA regulations to determine acquisition law or regulation impact or information collection requirements.

2.11 Assistant Administrator for Strategic Infrastructure

The Assistant Administrator for Strategic Infrastructure, or designee, is responsible for preparing and coordinating notices and regulations that have the potential to adversely affect the environment, or cause public controversy due to environmental impacts, as prescribed in National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq, Environmental Effects Abroad of Major Federal Actions, E. O. 12114, and described in NPR 8580.1, Implementing the National Environmental Policy Act.

2.12 Director, Mission Support Headquarters Operations Office

The Director, Mission Support Headquarters Operations Office, or designee, maintains tracking of all notices and regulations published in the FR under the Agency's billing code 7510-13 that informs the Government Publishing Office which agency to charge for printing services in the FR.

2.13 Associate Administrator for Small Business Programs

The Associate Administrator for Small Business Programs reviews and concurs on all NASA regulations prior to publication in the FR, and NASA's annual Statement of Regulatory Priorities and semiannual Unified Agenda, to determine if regulations are likely to have a significant economic impact on a substantial number of small entities in accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq.

2.14 Associate Administrator for International and Interagency Relations

2.14.1 The Associate Administrator for International and Interagency Relations, or designee:

a. Reviews all international and export control-related notices and regulations to ensure compliance with appropriate international agreements, U.S. foreign policies, and export control regulations.

b. Designates a Federal Advisory Committee Management Officer (ACMO) who signs all notices announcing NASA Federal Advisory Committee meetings, including meetings of the NAC, the Aerospace Safety Advisory Panel, and other NASA Federal Advisory Committee meetings. Such meeting notices are published in the FR at least 15 calendar days prior to the date of the meeting, as prescribed by the Federal Advisory Committee Act of 1972, 5 U.S.C. App. §§ 1-16, Government in the Sunshine Act, 5 U.S.C. § 552b, Regulations Implementing the Government in the Sunshine Act, 29 CFR pt. 2203, Federal Advisory Committee Management, 41 CFR pts. 102-103, and NPD 1150.11, Federal Advisory Committee Act Committees.

2.15 Inspector General

The Inspector General reviews all regulations prior to publication in the FR, as prescribed by Inspector General Act of 1978, as amended, 5 United States Code (U.S.C.) App. Notices signed by the Inspector General will be reviewed by legal counsel to the Inspector General and processed through the NASA FR Liaison Officer for publication in the FR.

2.16 Officials-in-Charge (OIC) of Headquarters Offices

2.16.1 OICs of Headquarters Offices, or their designees, are responsible for:

a. Ensuring that E. O. actions assigned to them are completed by the assigned suspense dates.

b. Ensuring that all notices and regulations under their authority comply with the provisions of this NPR.

c. Preparing 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 published in the FR not less than 15 calendar days prior to the meeting.

d. Obtaining concurrence from the Office of the General Counsel (OGC) and written approval from the NASA Federal ACMO for any NASA Federal Advisory Committee meetings that:

(1) Are of an administrative, preparatory, or fact-finding nature not subject to the Federal Advisory Committee Act (FACA); or

(2) 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.

e. Submitting draft notices and regulations to DMT for review and processing, digitally signing processed notices and regulations, and resubmitting to DMT to transmit to the FR for publication.

f. Consulting OGC to determine the need to amend or issue regulations.

g. Consulting the OCIO to determine if notices and regulations under their authority have information collections requirements.

h. Ensuring that regulations under their authority do not replicate existing internal or external requirements. However, cross referencing may be used to cite existing requirements.

i. Reviewing the currency and appropriateness regulations under their authority at least once every five years and each time the underlying statutory authority is amended, to determine if action is needed to amend or repeal regulations.

j. Responding to public comments on regulations under their authority by submitting those responses to DMT for posting in the FDMS.

k. Ensuring that notices and regulations under their authority are properly prepared, coordinated, and editorially correct, with emphasis on brevity and clarity, in accordance with NPR 1450.10.

l. Submitting regulations and regulatory priorities under development to DMT for inclusion in the Regulatory Plan and the Unified Agenda.

m. Review regulations or other documents from other agencies and providing comments, if any, by the assigned suspense date.

n. Designating a civil servant Regulatory Contact to manage civil servant regulatory review and other regulatory activities within their organization as described in Chapters 4 and 5.

o. Ensuring that organizational and personal conflicts of interest controls are in place if using contractor support to administratively assist the civil servant Regulatory Contact.

2.17 Center Directors

2.17.1 Center Directors, or designees, proposing notices, are responsible for:

a. Ensuring that notices comply with the provisions of this NPR and prepared in accordance with the FRDDH.

b. Coordinating all notices with their respective Office of the Chief Counsel and the NASA Headquarters (HQ) OGC for concurrence, the HQ Associate Administrator for approval, and DMT for review and submission to the FR for publication.

2.18 Directives Management Team

DMT serves as the Agency's Liaison Officer to the OIRA at OMB, Regulatory Information Service Center (RISC), Office of the Federal Register (OFR), and the GSA for all matters pertaining to regulatory activities at the Agency. DMT assists the OES Director with implementing and managing all regulatory activities described in section 2.5 and Chapters 3-5. When delegated by the OES Director, the Team is authorized to approve and execute actions associated with these activities.

2.19 Federalism Officer

The Federalism Officer reviews the Agency's consolidation of regulations under development, prior to submission to OMB's Unified Agenda in accordance with Chapter 4, section 4.3.5.

2.20 Tribal Regulatory Review Officer

The Tribal Regulatory Review Officer reviews the Agency's consolidation of regulations under development prior to submission to OMB's Unified Agenda in accordance with Chapter 4, section 4.3.6.

2.21 Regulatory Contacts

Regulatory Contacts are responsible for ensuring that their respective organization's input to the Unified Agenda and Regulatory Plan, review of rules and other documents from other agencies, and response to actions described in E. O.s follow the requirements described in Chapters 4 and 5. When seeking input, Regulatory Contacts are responsible for controlling the dissemination of preliminary regulatory information securely. Regulatory contacts should be familiar with the organizational and personal conflicts of interest controls established within their organization when contractor support is used.

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This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.