80_FR_63676 80 FR 63474 - Space Flight

80 FR 63474 - Space Flight

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63474-63477
FR Document2015-26475

The National Aeronautics and Space Administration (NASA) is proposing to amend its regulations that govern International Space Station crewmembers, mementos aboard Orion and Space Launch System (SLS) missions, 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 revisions to this rule are part of NASA's retrospective plan under Executive Order (E.O.) 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/.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Proposed Rules]
[Pages 63474-63477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26475]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1214

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


Space Flight

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The National Aeronautics and Space Administration (NASA) is 
proposing to amend its regulations that govern International Space 
Station crewmembers, mementos aboard Orion and Space Launch System 
(SLS) missions, the authority of the NASA Commander, and removes the 
Agency's policy on space flight participation and

[[Page 63475]]

other policies that were relevant to the Space Shuttle. The revisions 
to this rule are part of NASA's retrospective plan under Executive 
Order (E.O.) 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: Submit comments on or before November 19, 2015.

ADDRESSES: Comments must be identified with RIN 2700-AD98 and may be 
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Please note that NASA will post all comments on the Internet 
without change, including any personal information provided.

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

SUPPLEMENTARY INFORMATION:

Background

    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). 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 proposed 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.

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 proposed 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 proposed 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.

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 proposing to amend 
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 1214.3, consisting of Sec. Sec.  1214.300 
through 1214.306.

Subpart 1214.4--International Space Station Crew

0
5. The authority citation for subpart 1214.4 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 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 Reserved.
1214.606 Reserved.

[[Page 63476]]

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.).


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, 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. The NASA Administrator, 
or his/her designee, will approve all requests for flying mementos.


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.  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. The authority citation for subpart 7 is revised to read as follows:

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

0
8. Revise the heading of subpart 1214.7 to read as set forth above.
0
9. Revise sections Sec. Sec.  1214.700, 1214.701, and 1214.702 to read 
as follows:


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

[[Page 63477]]

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.
0
10. Amend paragraphs (a), (c) and (d) in Sec.  1214.703 to read as 
follows:


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.
* * * * *
    (c) 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.
    (d) 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.
0
11. Revise Sec.  1214.704 to read as follows:


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 regulation 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
12. Remove and reserve subpart 1214.8, consisting Sec. Sec.  1214.800 
through 1214.813.

Subpart 1214.17--[Removed and Reserved]

0
13. Remove and reserve subpart 1214.17, consisting of Sec. Sec.  
1214.1700 through 1214.1707.

Nanette Jennings,
Federal Register Liaison Officer.
[FR Doc. 2015-26475 Filed 10-19-15; 8:45 am]
 BILLING CODE 7510-13-P



                                                    63474                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules

                                                    Rulemaking Distribution System, which                   between the BRISC and CARFF fixes                       Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                    describes the application procedure.                    would be realigned to proceed over the                40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                            BFV VORTAC instead of the SYO                         1959–1963 Comp., p. 389.
                                                    Availability and Summary of
                                                                                                            VORTAC.                                               § 71.1       [Amended]
                                                    Documents for Incorporation by
                                                    Reference                                                 All radials in the route descriptions               ■ 2. The incorporation by reference in
                                                                                                            below that do not reflect True (T)/                   14 CFR 71.1 of FAA Order 7400.9Z,
                                                      This document proposes to amend                       Magnetic (M) degree radial information
                                                    FAA Order 7400.9Z, airspace                                                                                   Airspace Designations and Reporting
                                                                                                            are unchanged and stated in True                      Points, dated August 6, 2015, and
                                                    Designations and Reporting Points,                      degrees.
                                                    dated August 6, 2015, and effective                                                                           effective September 15, 2015, is
                                                                                                              VOR Federal airways are published in                amended as follows:
                                                    September 15, 2015. FAA Order
                                                                                                            paragraph 6010 of FAA Order 7400.9Z
                                                    7400.9Z is publicly available as listed in                                                                    Paragraph 6010(a)        Domestic VOR Federal
                                                                                                            dated August 6, 2015, and effective                   Airways.
                                                    the ADDRESSES section of this document.
                                                                                                            September 15, 2015, which is
                                                    FAA Order 7400.9Z lists Class A, B, C,                                                                        *        *      *    *      *
                                                                                                            incorporated by reference in 14 CFR
                                                    D, and E airspace areas, air traffic
                                                                                                            71.1. The VOR Federal airways listed in               V–140 [Amended]
                                                    service routes, and reporting points.
                                                                                                            this document would be subsequently                     From Panhandle, TX; Burns Flat, OK;
                                                    Background                                              published in the Order.                               Kingfisher, OK; INT Kingfisher 072° and
                                                      The SYO VORTAC facility is                                                                                  Tulsa, OK, 261° radials; Tulsa; Razorback,
                                                                                                            Regulatory Notices and Analyses                       AR; Harrison, AR; Walnut Ridge, AR;
                                                    scheduled to be decommissioned. With                                                                          Dyersburg, TN; Nashville, TN; Livingston,
                                                    the decommissioning of the SYO                            The FAA has determined that this
                                                                                                                                                                  TN; London, KY; Hazard, KY; Bluefield, WV;
                                                    VORTAC, the remaining ground-based                      proposed regulation only involves an
                                                                                                                                                                  INT Bluefield 071° and Montebello, VA, 250°
                                                    navigation aid (NAVAID) coverage is                     established body of technical                         radials; Montebello; to Casanova, VA.
                                                    insufficient to enable the continuity of                regulations for which frequent and
                                                                                                                                                                  *        *      *    *      *
                                                    the affected airways. The proposed                      routine amendments are necessary to
                                                    modifications to VOR Federal airways                    keep them operationally current. It,                  V–272 [Amended]
                                                    V–140, V–272, and V–440 would result                    therefore: (1) Is not a ‘‘significant                   From Dalhart, TX; Borger, TX; Burns Flat,
                                                    in slightly realigned routes through the                regulatory action’’ under Executive                   OK; Will Rogers, OK; INT Will Rogers 113°
                                                    Sayre, OK, area by using the Burns Flat,                Order 12866; (2) is not a ‘‘significant               and McAlester, OK, 286° radials; McAlester;
                                                                                                            rule’’ under Department of                            to Fort Smith, AR.
                                                    OK (BFV), VORTAC located
                                                    approximately 22 nautical miles                         Transportation (DOT) Regulatory                       *        *      *    *      *
                                                    southeast of the SYO VORTAC to                          Policies and Procedures (44 FR 11034;                 V–440 [Amended]
                                                    replace it. Route segments supported by                 February 26, 1979); and (3) does not
                                                                                                            warrant preparation of a regulatory                     From Panhandle, TX; INT Panhandle
                                                    other NAVAIDs would remain                                                                                    070°(T)/062°(M) and Burns Flat, OK, 288°(T)/
                                                    unchanged.                                              evaluation as the anticipated impact is               280°(M) radials; Burns Flat; INT Burns Flat
                                                                                                            so minimal. Since this is a routine                   103°(T)/095°(M) and Will Rogers, OK,
                                                    The Proposal                                            matter that will only affect air traffic              248°(T)/241°(M) radials; to Will Rogers.
                                                       The FAA is proposing an amendment                    procedures and air navigation, it is                  *        *      *    *      *
                                                    to Title 14, Code of Federal Regulations                certified that this proposed rule, when
                                                    (14 CFR) part 71 to modify VOR Federal                  promulgated, will not have a significant                Issued in Washington, DC, on October 8,
                                                                                                            economic impact on a substantial                      2015.
                                                    airways V–140, V–272, and V–440 in
                                                    the vicinity of Sayre, OK. These                        number of small entities under the                    Gary A. Norek,
                                                    proposed modifications are necessary                    criteria of the Regulatory Flexibility Act.           Manager, Airspace Policy Group.
                                                    due to the scheduled decommissioning                                                                          [FR Doc. 2015–26498 Filed 10–19–15; 8:45 am]
                                                                                                            Environmental Review
                                                    of the SYO VORTAC. The proposed                                                                               BILLING CODE 4910–13–P
                                                    route modifications are outlined below.                    This proposal will be subject to an
                                                       V–140: V–140 extends from the                        environmental analysis in accordance
                                                    Panhandle, TX (PNH), VORTAC to the                      with FAA Order 1050.1E,                               NATIONAL AERONAUTICS AND
                                                    Casanova, VA (CSN), VORTAC. The                         ‘‘Environmental Impacts: Policies and                 SPACE ADMINISTRATION
                                                    route segment between the PNH                           Procedures’’ prior to any FAA final
                                                    VORTAC and Kingfisher, OK (IFI),                        regulatory action.                                    14 CFR Part 1214
                                                    VORTAC would be realigned to proceed                                                                          [Docket No: NASA–2015–0010]
                                                                                                            List of Subjects in 14 CFR Part 71
                                                    over the BFV VORTAC instead of the
                                                    SYO VORTAC.                                              Airspace, Incorporation by reference,                RIN 2700–AD98
                                                       V–272: V–272 extends from the                        Navigation (air).
                                                    Dalhart, TX (DHT), VORTAC to the Fort                                                                         Space Flight
                                                    Smith, AR (FSM), VORTAC. The route                      The Proposed Amendment
                                                                                                                                                                  AGENCY: National Aeronautics and
                                                    segment between the Borger, TX (BGD),                     In consideration of the foregoing, the              Space Administration.
                                                    VORTAC and Will Rogers, OK (IRW),                       Federal Aviation Administration                       ACTION: Notice of proposed rulemaking.
                                                    VORTAC would be realigned to proceed                    proposes to amend 14 CFR part 71 as
                                                    over the BFV VORTAC instead of the                                                                            SUMMARY:  The National Aeronautics and
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            follows:
                                                    SYO VORTAC.                                                                                                   Space Administration (NASA) is
                                                       V–440: V–440 extends from the PNH                    PART 71—DESIGNATION OF CLASS A,                       proposing to amend its regulations that
                                                    VORTAC to the IRW VORTAC. The                           B, C, D, AND E AIRSPACE AREAS; AIR                    govern International Space Station
                                                    intersecting NAVAID radial information                  TRAFFIC SERVICE ROUTES; AND                           crewmembers, mementos aboard Orion
                                                    used to describe the BRISC and CARFF                    REPORTING POINTS                                      and Space Launch System (SLS)
                                                    fixes would be updated using BFV                                                                              missions, the authority of the NASA
                                                    VORTAC radials instead of SYO                           ■ 1. The authority citation for part 71               Commander, and removes the Agency’s
                                                    VORTAC radials, and the route segment                   continues to read as follows:                         policy on space flight participation and


                                               VerDate Sep<11>2014   16:59 Oct 19, 2015   Jkt 238001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\20OCP1.SGM   20OCP1


                                                                          Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules                                             63475

                                                    other policies that were relevant to the                for use of the Spacelab Module. Also                  Review Under Executive Order of 13132
                                                    Space Shuttle. The revisions to this rule               covered in Part 1214 are the rules for the               Executive Order 13132, ‘‘Federalism,’’
                                                    are part of NASA’s retrospective plan                   NASA Astronaut Candidate Recruitment                  64 FR 43255 (August 4, 1999) requires
                                                    under Executive Order (E.O.) 13563                      and Selection Program, the Code of                    regulations be reviewed for Federalism
                                                    completed in August 2011. NASA’s full                   Conduct for the International Space                   effects on the institutional interest of
                                                    plan can be accessed on the Agency’s                    Station Crew, and the Authority of the                states and local governments, and if the
                                                    open Government Web site at http://                     Space Shuttle Commander.                              effects are sufficiently substantial,
                                                    www.nasa.gov/open/.                                        The intent of these proposed                       preparation of the Federal assessment is
                                                    DATES: Submit comments on or before                     amendments is to repeal those portions                required to assist senior policy makers.
                                                    November 19, 2015.                                      of the regulation that, with the ending               The amendments will not have any
                                                    ADDRESSES: Comments must be                             of the Space Shuttle Program, are no                  substantial direct effects on state and
                                                    identified with RIN 2700–AD98 and                       longer relevant. Sections that remain in              local governments within the meaning
                                                    may be sent to NASA via the Federal E-                  effect will be amended because they are               of the Executive Order. Therefore, no
                                                    Rulemaking Portal: http://                              outdated. Other sections that are                     Federalism assessment is required.
                                                    www.regulations.gov. Follow the online                  applicable to the Orion and SLS will
                                                    instructions for submitting comments.                   also be amended.                                      List of Subjects in 14 CFR Part 1214
                                                    Please note that NASA will post all                     Statutory Authority                                      Government employees, Government
                                                    comments on the Internet without                                                                              procurement, Security measures, Space
                                                    change, including any personal                            Section 1214 is established under the               transportation and exploration.
                                                    information provided.                                   National Aeronautics and Space Act
                                                                                                                                                                     For the reason stated in the preamble,
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            (Space Act) (51 U.S.C. 20101, et seq.).
                                                                                                                                                                  NASA is proposing to amend 14 CFR
                                                    Craig Salvas at (202)–358–2330,                         Regulatory Analysis                                   part 1214 as follows:
                                                    craig.b.salvas@nasa.gov.
                                                                                                            Executive Order 12866, Regulatory                     PART 1214—SPACE FLIGHT
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            Planning and Review and Executive
                                                    Background                                              Order 13563, Improving Regulation and                 ■  1. The authority citation for part 1214
                                                       The Space Shuttle Program formally                   Regulation Review                                     is revised to read as follows:
                                                    commenced in 1972. After a total of 135                    Executive Orders 13563 and 12866                     Authority: Pub. L. 111–314, sec. 3, 124
                                                    flights, the last of which occurred in                  direct agencies to assess all costs and               Stat. 3328 (51 U.S.C. 20101, et seq.).
                                                    July 2011, the Space Shuttle was                        benefits of available regulatory
                                                    officially retired after 30 years of                    alternatives and, if regulation is                    Subpart 1214.1—[Removed and
                                                    operation. During this period, the fleet                necessary, to select regulatory                       Reserved]
                                                    and its crews carried out a large and                   approaches that maximize net benefits                 ■ 2. Remove and reserve subpart 1214.1,
                                                    varied number of tasks to meet the goals                (including potential economic,                        consisting of §§ 1214.100 through
                                                    and objectives of the Nation’s space                    environmental, public health and safety               1214.119.
                                                    program. These included the launch of                   effects, distributive impacts, and
                                                    large interplanetary probes, the                        equity). Executive Order 13563                        Subpart 1214.2—[Removed and
                                                    performance of scientific experiments                   emphasizes the importance of                          Reserved]
                                                    under microgravity conditions, the on-                  quantifying both costs and benefits,
                                                    orbit servicing of the Hubble Space                     reducing costs, harmonizing rules, and                ■ 3. Remove and reserve subpart 1214.2,
                                                    Telescope, and the assembly and                         promoting flexibility. This rule has been             consisting of §§ 1214.200 through
                                                    resupply of the International Space                     designated as ‘‘not significant’’ under               1214.207 and Appendices A and B.
                                                    Station. Functions previously performed                 section 3(f) of Executive Order 12866.
                                                                                                                                                                  Subpart 1214.3—[Removed and
                                                    by the Space Shuttle will now be done
                                                                                                            Review Under the Regulatory Flexibility               Reserved]
                                                    by many different spacecraft currently
                                                                                                            Act
                                                    flying or in development, including                                                                           ■ 4. Remove and reserve subpart 1214.3,
                                                    vehicles owned by both the Government                      The Regulatory Flexibility Act (5                  consisting of §§ 1214.300 through
                                                    and the private sector.                                 U.S.C. 601 et seq.) requires an agency to             1214.306.
                                                       NASA is currently developing a new                   prepare an initial regulatory flexibility
                                                    human-rated spacecraft, the Orion, and                  analysis to be published at the time the              Subpart 1214.4—International Space
                                                    launch system, the Space Launch                         proposed rule is published. This                      Station Crew
                                                    System (SLS). With the end of the Space                 requirement does not apply if the
                                                                                                                                                                  ■ 5. The authority citation for subpart
                                                    Shuttle Program, many sections of this                  agency ‘‘certifies that the rule will not,
                                                                                                                                                                  1214.4 is revised to read as follows:
                                                    rule are no longer relevant and will be                 if promulgated, have a significant
                                                    deleted. However, sections which have                   economic impact on a substantial                        Authority: Pub. L. 111–314, sec. 3, 124
                                                    current or future application will be                   number of small entities’’ (5 U.S.C. 603).            Stat. 3328 (51 U.S.C. 20101, et seq.).
                                                    maintained and updated or amended as                    This rule updates these sections of the               ■ 6. Revise Subpart 1214.6 to read as as
                                                    required.                                               CFR to align with Federal guidelines                  follows:
                                                       Significant elements of Part 1214, in                and does not have a significant
                                                    its current form, govern the use and                                                                          Subpart 1214.6 Mementos aboard NASA
                                                                                                            economic impact on a substantial
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                                                                                                                                                                  missions
                                                    operation of the Space Shuttle and cover                number of small entities.
                                                    a diverse number of areas including                                                                           Sec.
                                                    requirements for reimbursement for                      Review Under the Paperwork Reduction                  1214.600 Scope.
                                                    Space Shuttle services to civil U.S.                    Act                                                   1214.601 Definitions.
                                                                                                                                                                  1214.602 Policy.
                                                    Government and foreign users, the flight                  This proposed rule does not contain                 1214.603 Official Flight Kit.
                                                    of Payload Specialists and Space Flight                 any information collection requirements               1214.604 Personal Preference Kit.
                                                    Participants on Space Shuttle missions,                 subject to the Paperwork Reduction Act                1214.605 Reserved.
                                                    reimbursement terms, and conditions                     of 1995 (44 U.S.C. 3501 et seq.).                     1214.606 Reserved.



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                                                    63476                      Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules

                                                    1214.607     Media and public inquiries.                  Space Center. The Associate Director                     judgment is reasonable and necessary
                                                    1214.608     Reserved.                                    will review the proposed list of items                   for the protection, safety, and well-being
                                                    1214.609     Loss or theft.                               and, if approved, submit the crew                        of all personnel and on-board
                                                    1214.610     Violations.
                                                                                                              members’ PPK lists through supervisory                   equipment, including the spacecraft and
                                                      Authority: Pub. L. 111–314, sec. 3, 124                 channels to the Associate Administrator                  payloads. During the final launch
                                                    Stat. 3328 (51 U.S.C. 20101, et seq.).                    for Human Exploration and Operations                     countdown, following crew ingress, the
                                                    § 1214.600       Scope.                                   for approval. A signed copy of approval                  NASA Commander has the authority to
                                                                                                              from the Associate Administrator for                     enforce order and discipline among all
                                                      This subpart establishes policy and
                                                                                                              Human Exploration and Operations will                    on-board personnel. During emergency
                                                    procedures for carrying mementos on
                                                                                                              be returned to the Director, NASA                        situations prior to liftoff, the NASA
                                                    the NASA missions, with the exception
                                                                                                              Johnson Space Center, for distribution.                  Commander has the authority to take
                                                    of mementos and personal effects
                                                                                                                                                                       whatever action in his/her judgment is
                                                    carried onboard the International Space                   § § 1214.605, 1214.606          [Reserved]               necessary for the protection or security,
                                                    Station (ISS).
                                                                                                              § 1214.607        Media and public inquiries.            safety, and well-being of all personnel
                                                    § 1214.601       Definitions.                               Information on mementos flown on a                     on board.
                                                       Mementos. Flags, patches, insignia,                    particular mission will be routinely                     § 1214.701    Definitions.
                                                    minor graphics, and similar items of                      released by the Associate Administrator
                                                    little commercial value, especially                                                                                  (a) The flight crew consists of the
                                                                                                              of the Office of Communications to the                   NASA Commander, astronaut crew
                                                    suited for display by the individuals or                  media and to the public upon their
                                                    groups to whom they have been                                                                                      members, and [any] other persons
                                                                                                              request, but only after they have been                   aboard the spacecraft.
                                                    presented.                                                approved for flight.                                       (b) A mission is the period including
                                                    § 1214.602       Policy.                                  § 1214.608        [Reserved]                             the flight-phases from launch to landing
                                                      Premise. Mementos are welcome                                                                                    on the surface of the Earth—a single
                                                    aboard NASA missions. However, they                       § 1214.609        Loss or Theft.                         round trip. (In the case of a forced
                                                    are flown as a courtesy—not as an                           (a) Liability. Neither NASA nor the                    landing, the NASA Commander’s
                                                    entitlement. The NASA Administrator,                      U.S. Government will be liable for the                   authority continues until a competent
                                                    or his/her designee, will approve all                     loss or theft of, or damage to, items                    authority takes over the responsibility
                                                    requests for flying mementos.                             carried in OFKs or PPKs.                                 for the persons and property aboard).
                                                                                                                (b) Report of Loss or Theft. Any                         (c) The flight-phases consist of
                                                    § 1214.603       Official Flight Kit.                     person who learns that an item                           launch, in orbit/transit, extraterrestrial
                                                       (a) Purpose. The Official Flight Kit                   contained in an OFK or a PPK is missing                  mission, deorbit, entry, and landing,
                                                    (OFK) on a particular mission allows                      shall immediately report the loss to the                 and post-landing back on Earth.
                                                    NASA, and other domestic and friendly                     Johnson Space Center Security Office                       (d) A payload is a specific
                                                    foreign countries organizations with                      and the NASA Inspector General.                          complement of instruments, space
                                                    NASA approval, to utilize mementos as                                                                              equipment, and support hardware/
                                                    awards and commendations or preserve                      § 1214.610        Violations.                            software carried into space to
                                                    them in museums or archives. No                             Any items carried in violation of the                  accomplish a scientific mission or
                                                    personal items will be carried in the                     requirements of this subpart shall                       discrete activity.
                                                    OFK.                                                      become property of the U.S.
                                                       (b) Approval of Contents. At least 120                 Government, subject to applicable                        § 1214.702 Authority and responsibility of
                                                    days prior to the scheduled launch of a                                                                            the NASA Commander.
                                                                                                              Federal laws and regulations, and the
                                                    particular mission, an authorized                         violator may be subject to disciplinary                    (a) During all flight phases, the NASA
                                                    representative of each organization                       action, including being permanently                      Commander shall have the absolute
                                                    desiring mementos to be carried on a                      prohibited from use of, or if an                         authority to take whatever action is in
                                                    flight in the OFK must submit a letter                    individual, from flying aboard a NASA                    his/her discretion necessary to:
                                                    or request describing the item(s) to be                   mission.                                                   (1) Enhance order and discipline.
                                                    flown and the intended purpose or                                                                                    (2) Provide for the safety and well-
                                                    distribution. Letters should be directed                  Subpart 1214.7—The Authority of the                      being of all personnel on board.
                                                    to the Associate Administrator for                        NASA Commander                                             (3) Provide for the protection of the
                                                    Human Exploration and Operations,                                                                                  spacecraft and payloads.
                                                                                                              ■  7. The authority citation for subpart 7                 The NASA Commander shall have
                                                    NASA Headquarters, Washington, DC                         is revised to read as follows:
                                                    20546.                                                                                                             authority, throughout the mission, to
                                                                                                                Authority: Pub. L. 111–314, sec. 3, 124                use any reasonable and necessary
                                                    § 1214.604       Personal Preference Kit.                 Stat. 3328 (51 U.S.C. 20101, et seq.)                    means, including the use of physical
                                                       (a) Purpose. The Personal Preference                   ■ 8. Revise the heading of subpart                       force, to achieve this end.
                                                    Kit (PPK) enables persons on a                            1214.7 to read as set forth above.                         (b) The authority of the NASA
                                                    particular mission to carry personal                      ■ 9. Revise sections §§ 1214.700,                        Commander extends to any and all
                                                    items for use as mementos. Only those                     1214.701, and 1214.702 to read as                        personnel on board the spacecraft
                                                    individuals actually accompanying such                    follows:                                                 including Federal officers and
                                                    flights may request authorization to                                                                               employees and all other persons
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                                                    carry personal items as mementos.                         § 1214.700        Scope.                                 whether or not they are U.S. nationals.
                                                       (b) Approval of Content. At least 60                     This subpart establishes the authority                   (c) The authority of the NASA
                                                    days prior to the scheduled launch of a                   of the NASA Commander of a NASA                          Commander extends to all spaceflight
                                                    particular mission, each person assigned                  mission, excluding missions related to                   elements, payloads, and activities
                                                    to the flight who desires to carry items                  the ISS and activities licensed under                    originating with or defined to be a part
                                                    in a PPK must submit a proposed list of                   Title 51 U.S.C. Chapter 509, to enforce                  of the NASA mission.
                                                    items and their recipients to the                         order and discipline during a mission                      (d) The NASA Commander may,
                                                    Associate Director, NASA Johnson                          and to take whatever action in his/her                   when he/she deems such action to be


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                                                                            Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules                                         63477

                                                    necessary for the safety of the spacecraft                Subpart 1214.17—[Removed and                          solely responsible for ensuring that your
                                                    and personnel on board, subject any of                    Reserved]                                             comment does not include any
                                                    the personnel on board to such restraint                                                                        confidential information that you or a
                                                    as the circumstances require until such                   ■ 13. Remove and reserve subpart                      third party may not wish to be posted,
                                                                                                              1214.17, consisting of §§ 1214.1700                   such as medical information, your or
                                                    time as delivery of such individual or
                                                                                                              through 1214.1707.                                    anyone else’s Social Security number, or
                                                    individuals to the proper authorities is
                                                    possible.                                                 Nanette Jennings,                                     confidential business information, such
                                                                                                              Federal Register Liaison Officer.                     as a manufacturing process. Please note
                                                    ■ 10. Amend paragraphs (a), (c) and (d)
                                                                                                                                                                    that if you include your name, contact
                                                    in § 1214.703 to read as follows:                         [FR Doc. 2015–26475 Filed 10–19–15; 8:45 am]
                                                                                                                                                                    information, or other information that
                                                                                                              BILLING CODE 7510–13–P
                                                    § 1214.703       Chain of command.                                                                              identifies you in the body of your
                                                                                                                                                                    comments, that information will be
                                                       (a) The NASA Commander is a                                                                                  posted on http://www.regulations.gov.
                                                    trained NASA astronaut who has been                       DEPARTMENT OF HEALTH AND                                • If you want to submit a comment
                                                    designated to serve as commander on a                     HUMAN SERVICES                                        with confidential information that you
                                                    NASA mission and who shall have the                                                                             do not wish to be made available to the
                                                                                                              Food and Drug Administration                          public, submit the comment as a
                                                    authority described in § 1214.702 of this
                                                    part. Under normal flight conditions                                                                            written/paper submission and in the
                                                                                                              21 CFR Part 101                                       manner detailed (see ‘‘Written/Paper
                                                    (other than emergencies or when
                                                    otherwise designated) the NASA                            [Docket No. FDA–2012–N–1210]                          Submissions’’ and ‘‘Instructions’’).
                                                    Commander is responsible to the                           RIN 0910–AF22                                         Written/Paper Submissions
                                                    Mission Flight Director.                                                                                           Submit written/paper submissions as
                                                    *      *    *     *     *                                 Food Labeling: Revision of the                        follows:
                                                       (c) Before each flight, the other flight               Nutrition and Supplement Facts                           • Mail/Hand delivery/Courier (for
                                                    crewmembers will be designated in the                     Labels; Reopening of the Comment                      written/paper submissions): Division of
                                                                                                              Period                                                Dockets Management (HFA–305), Food
                                                    order in which they will assume the
                                                    authority of the NASA Commander                                                                                 and Drug Administration, 5630 Fishers
                                                                                                              AGENCY:    Food and Drug Administration,
                                                                                                                                                                    Lane, Rm. 1061, Rockville, MD 20852.
                                                    under this subpart in the event that the                  HHS.                                                     • For written/paper comments
                                                    NASA Commander is not able to carry                             Proposed rule; reopening of
                                                                                                              ACTION:                                               submitted to the Division of Dockets
                                                    out his/her duties.                                       comment period.                                       Management, FDA will post your
                                                       (d) The determinations, if any, that a                                                                       comment, as well as any attachments,
                                                                                                              SUMMARY:   The Food and Drug
                                                    crewmember in the chain of command                                                                              except for information submitted,
                                                                                                              Administration (FDA or we) is
                                                    is not able to carry out his or her                                                                             marked and identified, as confidential,
                                                                                                              announcing the reopening of the
                                                    command duties and is, therefore, to be                                                                         if submitted as detailed in
                                                                                                              comment period for certain documents
                                                    relieved of command, and that another                                                                           ‘‘Instructions.’’
                                                                                                              associated with the proposed rule to                     Instructions: All submissions received
                                                    crewmember in the chain of command                        amend FDA’s labeling regulations for
                                                    is to succeed to the authority of the                                                                           must include the Docket No. FDA–
                                                                                                              conventional foods and dietary                        2012–N–1210 for this rulemaking.
                                                    NASA Commander, will be made by the                       supplements to provide updated
                                                    NASA Administrator or his/her                                                                                   Received comments will be placed in
                                                                                                              nutrition information on the Nutrition                the docket and, except for those
                                                    designee.                                                 Facts and Supplement Facts labels to                  submitted as ‘‘Confidential
                                                    ■ 11. Revise § 1214.704 to read as                        assist consumers in maintaining healthy               Submissions,’’ publicly viewable at
                                                    follows:                                                  dietary practices. We also are reopening              http://www.regulations.gov or at the
                                                                                                              the comment period for a supplemental                 Division of Dockets Management
                                                    § 1214.704       Violations.                              proposed rule to revise the Nutrition                 between 9 a.m. and 4 p.m., Monday
                                                      (a) All personnel on board the NASA                     Facts and Supplement Facts labels. We                 through Friday.
                                                    mission are subject to the authority of                   are taking this action due to technical                  • Confidential Submissions—To
                                                    the NASA Commander and shall                              difficulties at the Federal eRulemaking               submit a comment with confidential
                                                                                                              Portal.                                               information that you do not wish to be
                                                    conform to his/her orders and direction
                                                    as authorized by this subpart.                            DATES: Submit either electronic or                    made publicly available, submit your
                                                                                                              written comments on the supplemental                  comments only as a written/paper
                                                      (b) This regulation is a regulation                     proposed rule and related documents by                submission. You should submit two
                                                    within the meaning of 18 U.S.C. 799,                      October 23, 2015.                                     copies total. One copy will include the
                                                    and whoever willfully violates, attempts                                                                        information you claim to be confidential
                                                                                                              ADDRESSES: You may submit comments
                                                    to violate, or conspires to violate any                                                                         with a heading or cover note that states
                                                                                                              as follows:
                                                    provision of this subpart or any order or                                                                       ‘‘THIS DOCUMENT CONTAINS
                                                    direction issued under this subpart shall                 Electronic Submissions                                CONFIDENTIAL INFORMATION’’. The
                                                    be subject to fines and imprisonment, as                    Submit electronic comments in the                   Agency will review this copy, including
                                                    specified by law.                                         following way:                                        the claimed confidential information, in
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                                                                                                                • Federal eRulemaking Portal: http://               its consideration of comments. The
                                                    Subpart 1214.8—[Removed and                               www.regulations.gov. Follow the                       second copy, which will have the
                                                    Reserved]                                                 instructions for submitting comments.                 claimed confidential information
                                                                                                              Comments submitted electronically,                    redacted/blacked out, will be available
                                                    ■ 12. Remove and reserve subpart                          including attachments, to http://                     for public viewing and posted on http://
                                                    1214.8, consisting §§ 1214.800 through                    www.regulations.gov will be posted to                 www.regulations.gov. Submit both
                                                    1214.813.                                                 the docket unchanged. Because your                    copies to the Division of Dockets
                                                                                                              comment will be made public, you are                  Management. If you do not wish your


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Document Created: 2015-12-14 15:25:20
Document Modified: 2015-12-14 15:25:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesSubmit comments on or before November 19, 2015.
ContactCraig Salvas at (202)-358-2330, [email protected]
FR Citation80 FR 63474 
RIN Number2700-AD98
CFR AssociatedGovernment Employees; Government Procurement; Security Measures and Space Transportation and Exploration

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