[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43040-43042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15431]


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NATIONAL AERONATICS AND SPACE ADMINISTRATION

14 CFR Part 1214

[Docket No: NASA-2015-0010]
RIN 2700-AD98


Space Flight

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: The National Aeronautics and Space Administration (NASA) is 
issuing a final rule for its regulations that govern International 
Space Station crewmembers, mementos aboard Orion and Space Launch 
System (SLS) missions, and the authority of the NASA Commander, and 
removes the Agency's policy on space flight participation and other 
policies that were relevant to the Space Shuttle. The revision to this 
rule is part of NASA's retrospective plan under Executive Order (EO) 
13563 completed in August 2011. NASA's full plan can be accessed on the 
Agency's open Government Web site at http://www.nasa.gov/open/.

DATES: Effective: August 1, 2016.

FOR FURTHER INFORMATION CONTACT: Craig Salvas at (202)-358-2330, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    NASA published a proposed rule in the Federal Register at 80 FR 
63474 on October 20, 2015, to amend its regulations that govern 
International Space Station crewmembers, mementos aboard Orion and 
Space Launch System (SLS) missions, and the authority of the NASA 
Commander and removes the Agency's policy on space flight participation 
and other policies that were relevant to the Space Shuttle. The Space 
Shuttle Program formally commenced in 1972. After a total of 135 
flights, the last of which occurred in July 2011, the Space Shuttle was 
officially retired after 30 years of operation. During this period, the 
fleet and its crews carried out a large and varied number of tasks to 
meet the goals and objectives of the Nation's space program. These 
included the launch of large interplanetary probes, the performance of 
scientific experiments under microgravity conditions, the on-orbit 
servicing of the Hubble Space Telescope, and the assembly and resupply 
of the International Space Station. Functions previously performed by 
the Space Shuttle will now be done by many different spacecraft 
currently flying or in development, including vehicles owned by both 
the Government and the private sector.
    NASA is currently developing a new human-rated spacecraft, the 
Orion, and launch system, the Space Launch System (SLS). The Orion and 
SLS are designed to conduct journeys into deep space. With the end of 
the Space Shuttle Program, many sections of this rule are no longer 
relevant and will be deleted. However, sections which have current or 
future application will be maintained and updated or amended as 
required.
    Significant elements of part 1214, in its current form, govern the 
use and operation of the Space Shuttle and cover a diverse number of 
areas including requirements for reimbursement for Space Shuttle 
services to civil U.S. Government and foreign users, the flight of 
Payload Specialists and Space Flight Participants on Space Shuttle 
missions, reimbursement terms, and conditions for use of the Spacelab 
Module. Also covered in part 1214 are the rules for the NASA Astronaut 
Candidate Recruitment and Selection Program, the Code of Conduct for 
the International Space Station Crew, and the Authority of the Space 
Shuttle Commander.
    The intent of these amendments is to repeal those portions of the 
regulation that, with the ending of the Space Shuttle Program, are no 
longer relevant. Sections that remain in effect will be amended because 
they are outdated. Other sections that are applicable to the Orion and 
SLS will also be amended. Provisions currently in force relating to 
approving mementoes for flight and preventing the use of mementoes for 
economic gain remain relevant and were incorrectly omitted from the 
proposed rule published on October 20, 2015. These provisions have been 
reincorporated in the final rule at 14 CFR 1214.601 and 1214.602, 
except for language relating to dimensions and areas specific to the 
Space Shuttle which have not been retained.

Discussion and Analysis

    There were two public comments received in response to the proposed 
rule. Comments were supportive in nature and do not warrant any changes 
in the rule's language.

Statutory Authority

    Section 1214 is established under the National Aeronautics and 
Space Act (Space Act) (51 U.S.C. 20101, et seq.).

Regulatory Analysis

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

    Executive Orders 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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This rule has been designated as ``not significant'' under section 3(f) 
of Executive Order 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 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 updates these sections of the CFR 
to align with Federal guidelines and does not have a significant 
economic impact on a substantial number of small entities.

Review Under the Paperwork Reduction Act

    This 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 Executive Order of 13132

    Executive Order 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 Executive Order. Therefore, no 
Federalism assessment is required.

[[Page 43041]]

List of Subjects in 14 CFR Part 1214

    Government employees, Government procurement, Security measures, 
Space transportation and exploration.

    For the reason stated in the preamble, NASA is amending 14 CFR part 
1214 as follows:

PART 1214--SPACE FLIGHT

0
1. The authority citation for part 1214 is revised to read as follows:

    Authority:  Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 
20101, et seq.).

Subpart 1214.1--[Removed and Reserved]

0
2. Remove and reserve subpart 1214.1, consisting of Sec. Sec.  1214.100 
through 1214.119.

Subpart 1214.2--[Removed and Reserved]

0
3. Remove and reserve subpart 1214.2, consisting of Sec. Sec.  1214.200 
through 1214.207 and Appendices A and B.

Subpart 1214.3--[Removed and Reserved]

0
4. Remove and reserve subpart 1214.300, consisting of Sec. Sec.  
1214.300 through 1214.306.

Subpart 1214.4--International Space Station Crew

0
5. The authority citation for subpart 4 is revised to read as follows:

    Authority:  Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 
20101, et seq.).
* * * * *

0
6. Revise subpart 1214.6 to read as follows:
Subpart 1214.6--Mementos Aboard NASA Missions
Sec.
1214.600 Scope.
1214.601 Definitions.
1214.602 Policy.
1214.603 Official Flight Kit.
1214.604 Personal Preference Kit.
1214.605-1214.606 [Reserved]
1214.607 Media and public inquiries.
1214.608 [Reserved]
1214.609 Loss or theft.
1214.610 Violations.

    Authority:  Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 
20101, et seq.).

Subpart 1214.6--Mementos Aboard NASA Missions


Sec.  1214.600  Scope.

    This subpart establishes policy and procedures for carrying 
mementos on the NASA missions, with the exception of mementos and 
personal effects carried onboard the International Space Station (ISS).


Sec.  1214.601  Definitions.

    Mementos. Flags, patches, insignia, medallions, minor graphics, and 
similar items of little commercial value, especially suited for display 
by the individuals or groups to whom they have been presented.


Sec.  1214.602  Policy.

    Premise. Mementos are welcome aboard NASA missions. However, they 
are flown as a courtesy--not as an entitlement. All mementos must be 
approved by the Associate Administrator for Human Exploration and 
Operations and are stowed only in an Official Flight Kit (OFK) or 
Personal Preference Kit (PPK).
    (a) Economic gain. Items carried in an OFK or a PPK will not be 
sold, transferred for sale, used or transferred for personal gain, or 
used or transferred for any commercial or fund-raising purpose. Items 
such as philatelic materials and coins that, by their nature, lend 
themselves to exploitation by the recipients, or create problems with 
respect to good taste; or that are large, bulky, or heavy items will 
not be approved for flight.
    (b) [Reserved]


Sec.  1214.603  Official Flight Kit.

    (a) Purpose. The Official Flight Kit (OFK) on a particular mission 
allows NASA, and other domestic and friendly foreign countries' 
organizations with NASA approval, to utilize mementos as awards and 
commendations or preserve them in museums or archives. No personal 
items will be carried in the OFK.
    (b) Approval of contents. At least 120 days prior to the scheduled 
launch of a particular mission, an authorized representative of each 
organization desiring mementos to be carried on a flight in the OFK 
must submit a letter or request describing the item(s) to be flown and 
the intended purpose or distribution. Letters should be directed to the 
Associate Administrator for Human Exploration and Operations, NASA 
Headquarters, Washington DC 20546.


Sec.  1214.604  Personal Preference Kit.

    (a) Purpose. The Personal Preference Kit (PPK) enables persons on a 
particular mission to carry personal items for use as mementos. Only 
those individuals actually accompanying such flights may request 
authorization to carry personal items as mementos.
    (b) Approval of content. At least 60 days prior to the scheduled 
launch of a particular mission, each person assigned to the flight who 
desires to carry items in a PPK must submit a proposed list of items 
and their recipients to the Associate Director, NASA Johnson Space 
Center. The Associate Director will review the proposed list of items 
and, if approved, submit the crew members' PPK lists through 
supervisory channels to the Associate Administrator for Human 
Exploration and Operations for approval. A signed copy of approval from 
the Associate Administrator for Human Exploration and Operations will 
be returned to the Director, NASA Johnson Space Center, for 
distribution.


Sec.  1214.605-1214.606  [Reserved]


Sec.  1214.607  Media and public inquiries.

    Information on mementos flown on a particular mission will be 
routinely released by the Associate Administrator of the Office of 
Communications to the media and to the public upon their request, but 
only after they have been approved for flight.


Sec.  1214.608  [Reserved]


Sec.  1214.609  Loss or Theft.

    (a) Liability. Neither NASA nor the U.S. Government will be liable 
for the loss or theft of, or damage to, items carried in OFKs or PPKs.
    (b) Report of loss or theft. Any person who learns that an item 
contained in an OFK or a PPK is missing shall immediately report the 
loss to the Johnson Space Center Security Office and the NASA Inspector 
General.


Sec.  1214.610  Violations.

    Any items carried in violation of the requirements of this subpart 
shall become property of the U.S. Government, subject to applicable 
Federal laws and regulations, and the violator may be subject to 
disciplinary action, including being permanently prohibited from use 
of, or if an individual, from flying aboard a NASA mission.

Subpart 1214.7--The Authority of the NASA Commander

0
7. Revise subpart 1214.7 to read as follows:

Sec.
1214.700 Scope.
1214.701 Definitions.
1214.702 Authority and responsibility of the NASA Commander.
1214.703 Chain of command.
1214.704 Violations.

    Authority:  Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 
20101, et seq.).

[[Page 43042]]

Subpart 1214.7--The Authority of the NASA Commander


Sec.  1214.700  Scope.

    This subpart establishes the authority of the NASA Commander of a 
NASA mission, excluding missions related to the ISS and activities 
licensed under Title 51 U.S.C. Chapter 509, to enforce order and 
discipline during a mission and to take whatever action in his/her 
judgment is reasonable and necessary for the protection, safety, and 
well-being of all personnel and on-board equipment, including the 
spacecraft and payloads. During the final launch countdown, following 
crew ingress, the NASA Commander has the authority to enforce order and 
discipline among all on-board personnel. During emergency situations 
prior to liftoff, the NASA Commander has the authority to take whatever 
action in his/her judgment is necessary for the protection or security, 
safety, and well-being of all personnel on board.


Sec.  1214.701  Definitions.

    (a) The flight crew consists of the NASA Commander, astronaut crew 
members, and [any] other persons aboard the spacecraft.
    (b) A mission is the period including the flight-phases from launch 
to landing on the surface of the Earth--a single round trip. (In the 
case of a forced landing, the NASA Commander's authority continues 
until a competent authority takes over the responsibility for the 
persons and property aboard).
    (c) The flight-phases consist of launch, in orbit/transit, 
extraterrestrial mission, deorbit, entry, and landing, and post-landing 
back on Earth.
    (d) A payload is a specific complement of instruments, space 
equipment, and support hardware/software carried into space to 
accomplish a scientific mission or discrete activity.


Sec.  1214.702  Authority and responsibility of the NASA Commander.

    (a) During all flight phases, the NASA Commander shall have the 
absolute authority to take whatever action is in his/her discretion 
necessary to:
    (1) Enhance order and discipline.
    (2) Provide for the safety and well-being of all personnel on 
board.
    (3) Provide for the protection of the spacecraft and payloads.
    The NASA Commander shall have authority, throughout the mission, to 
use any reasonable and necessary means, including the use of physical 
force, to achieve this end.
    (b) The authority of the NASA Commander extends to any and all 
personnel on board the spacecraft including Federal officers and 
employees and all other persons whether or not they are U.S. nationals.
    (c) The authority of the NASA Commander extends to all spaceflight 
elements, payloads, and activities originating with or defined to be a 
part of the NASA mission.
    (d) The NASA Commander may, when he/she deems such action to be 
necessary for the safety of the spacecraft and personnel on board, 
subject any of the personnel on board to such restraint as the 
circumstances require until such time as delivery of such individual or 
individuals to the proper authorities is possible.


Sec.  1214.703  Chain of command.

    (a) The NASA Commander is a trained NASA astronaut who has been 
designated to serve as commander on a NASA mission and who shall have 
the authority described in Sec.  1214.702 of this part. Under normal 
flight conditions (other than emergencies or when otherwise designated) 
the NASA Commander is responsible to the Mission Flight Director.
    (b) Before each flight, the other flight crewmembers will be 
designated in the order in which they will assume the authority of the 
NASA Commander under this subpart in the event that the NASA Commander 
is not able to carry out his/her duties.
    (c) The determinations, if any, that a crewmember in the chain of 
command is not able to carry out his or her command duties and is, 
therefore, to be relieved of command, and that another crewmember in 
the chain of command is to succeed to the authority of the NASA 
Commander, will be made by the NASA Administrator or his/her designee.


Sec.  1214.704  Violations.

    (a) All personnel on board the NASA mission are subject to the 
authority of the NASA Commander and shall conform to his/her orders and 
direction as authorized by this subpart.
    (b) This subpart is a regulation within the meaning of 18 U.S.C. 
799, and whoever willfully violates, attempts to violate, or conspires 
to violate any provision of this subpart or any order or direction 
issued under this subpart shall be subject to fines and imprisonment, 
as specified by law.

Subpart 1214.8--[Removed and Reserved]

0
8. Remove and reserve subpart 1214.8, consisting sections 1214.800 
through 1214.813.
* * * * *

Subpart 1214.17--[Removed and Reserved]

0
9. Remove and reserve subpart 1214.17, consisting of sections 1214.1700 
through 1214.1707.

Cheryl E. Parker,
Federal Register Liaison Officer.
[FR Doc. 2016-15431 Filed 6-30-16; 8:45 am]
 BILLING CODE P