80 FR 63474 - Space Flight

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

Page Range		63474-63477
FR Document		2015-26475
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

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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
mstockstill on DSK4VPTVN1PROD with PROPOSALS

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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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
mstockstill on DSK4VPTVN1PROD with PROPOSALS

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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Document Created: 2015-12-14 15:25:20
Document Modified: 2015-12-14 15:25:20
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Submit comments on or before November 19, 2015.
Contact		Craig Salvas at (202)-358-2330, [email protected]
FR Citation		80 FR 63474
RIN Number		2700-AD98
CFR Associated		Government Employees; Government Procurement; Security Measures and Space Transportation and Exploration