81 FR 43040 - Space Flight
NATIONAL AERONATICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 127 (July 1, 2016)
Federal Register Volume 81, Issue 127 (July 1, 2016)
| Page Range | 43040-43042 | |
| FR Document | 2016-15431 |
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)] [Rules and Regulations] [Pages 43040-43042] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15431] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONATICS AND SPACE ADMINISTRATION 14 CFR Part 1214 [Docket No: NASA-2015-0010] RIN 2700-AD98 Space Flight AGENCY: National Aeronautics and Space Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The National Aeronautics and Space Administration (NASA) is issuing a final rule for its regulations that govern International Space Station crewmembers, mementos aboard Orion and Space Launch System (SLS) missions, and the authority of the NASA Commander, and removes the Agency's policy on space flight participation and other policies that were relevant to the Space Shuttle. The revision to this rule is part of NASA's retrospective plan under Executive Order (EO) 13563 completed in August 2011. NASA's full plan can be accessed on the Agency's open Government Web site at http://www.nasa.gov/open/. DATES: Effective: August 1, 2016. FOR FURTHER INFORMATION CONTACT: Craig Salvas at (202)-358-2330, [email protected]. SUPPLEMENTARY INFORMATION: Background NASA published a proposed rule in the Federal Register at 80 FR 63474 on October 20, 2015, to amend its regulations that govern International Space Station crewmembers, mementos aboard Orion and Space Launch System (SLS) missions, and the authority of the NASA Commander and removes the Agency's policy on space flight participation and other policies that were relevant to the Space Shuttle. The Space Shuttle Program formally commenced in 1972. After a total of 135 flights, the last of which occurred in July 2011, the Space Shuttle was officially retired after 30 years of operation. During this period, the fleet and its crews carried out a large and varied number of tasks to meet the goals and objectives of the Nation's space program. These included the launch of large interplanetary probes, the performance of scientific experiments under microgravity conditions, the on-orbit servicing of the Hubble Space Telescope, and the assembly and resupply of the International Space Station. Functions previously performed by the Space Shuttle will now be done by many different spacecraft currently flying or in development, including vehicles owned by both the Government and the private sector. NASA is currently developing a new human-rated spacecraft, the Orion, and launch system, the Space Launch System (SLS). The Orion and SLS are designed to conduct journeys into deep space. With the end of the Space Shuttle Program, many sections of this rule are no longer relevant and will be deleted. However, sections which have current or future application will be maintained and updated or amended as required. Significant elements of part 1214, in its current form, govern the use and operation of the Space Shuttle and cover a diverse number of areas including requirements for reimbursement for Space Shuttle services to civil U.S. Government and foreign users, the flight of Payload Specialists and Space Flight Participants on Space Shuttle missions, reimbursement terms, and conditions for use of the Spacelab Module. Also covered in part 1214 are the rules for the NASA Astronaut Candidate Recruitment and Selection Program, the Code of Conduct for the International Space Station Crew, and the Authority of the Space Shuttle Commander. The intent of these amendments is to repeal those portions of the regulation that, with the ending of the Space Shuttle Program, are no longer relevant. Sections that remain in effect will be amended because they are outdated. Other sections that are applicable to the Orion and SLS will also be amended. Provisions currently in force relating to approving mementoes for flight and preventing the use of mementoes for economic gain remain relevant and were incorrectly omitted from the proposed rule published on October 20, 2015. These provisions have been reincorporated in the final rule at 14 CFR 1214.601 and 1214.602, except for language relating to dimensions and areas specific to the Space Shuttle which have not been retained. Discussion and Analysis There were two public comments received in response to the proposed rule. Comments were supportive in nature and do not warrant any changes in the rule's language. Statutory Authority Section 1214 is established under the National Aeronautics and Space Act (Space Act) (51 U.S.C. 20101, et seq.). Regulatory Analysis Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improving Regulation and Regulation Review Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has been designated as ``not significant'' under section 3(f) of Executive Order 12866. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to prepare an initial regulatory flexibility analysis to be published at the time the rule is published. This requirement does not apply if the agency ``certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities'' (5 U.S.C. 603). This rule updates these sections of the CFR to align with Federal guidelines and does not have a significant economic impact on a substantial number of small entities. Review Under the Paperwork Reduction Act This final rule does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Review Under Executive Order of 13132 Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) requires regulations be reviewed for Federalism effects on the institutional interest of states and local governments, and if the effects are sufficiently substantial, preparation of the Federal assessment is required to assist senior policy makers. The amendments will not have any substantial direct effects on state and local governments within the meaning of the Executive Order. Therefore, no Federalism assessment is required. [[Page 43041]] List of Subjects in 14 CFR Part 1214 Government employees, Government procurement, Security measures, Space transportation and exploration. For the reason stated in the preamble, NASA is amending 14 CFR part 1214 as follows: PART 1214--SPACE FLIGHT 0 1. The authority citation for part 1214 is revised to read as follows: Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, et seq.). Subpart 1214.1--[Removed and Reserved] 0 2. Remove and reserve subpart 1214.1, consisting of Sec. Sec. 1214.100 through 1214.119. Subpart 1214.2--[Removed and Reserved] 0 3. Remove and reserve subpart 1214.2, consisting of Sec. Sec. 1214.200 through 1214.207 and Appendices A and B. Subpart 1214.3--[Removed and Reserved] 0 4. Remove and reserve subpart 1214.300, consisting of Sec. Sec. 1214.300 through 1214.306. Subpart 1214.4--International Space Station Crew 0 5. The authority citation for subpart 4 is revised to read as follows: Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, et seq.). * * * * * 0 6. Revise subpart 1214.6 to read as follows: Subpart 1214.6--Mementos Aboard NASA Missions Sec. 1214.600 Scope. 1214.601 Definitions. 1214.602 Policy. 1214.603 Official Flight Kit. 1214.604 Personal Preference Kit. 1214.605-1214.606 [Reserved] 1214.607 Media and public inquiries. 1214.608 [Reserved] 1214.609 Loss or theft. 1214.610 Violations. Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, et seq.). Subpart 1214.6--Mementos Aboard NASA Missions Sec. 1214.600 Scope. This subpart establishes policy and procedures for carrying mementos on the NASA missions, with the exception of mementos and personal effects carried onboard the International Space Station (ISS). Sec. 1214.601 Definitions. Mementos. Flags, patches, insignia, medallions, minor graphics, and similar items of little commercial value, especially suited for display by the individuals or groups to whom they have been presented. Sec. 1214.602 Policy. Premise. Mementos are welcome aboard NASA missions. However, they are flown as a courtesy--not as an entitlement. All mementos must be approved by the Associate Administrator for Human Exploration and Operations and are stowed only in an Official Flight Kit (OFK) or Personal Preference Kit (PPK). (a) Economic gain. Items carried in an OFK or a PPK will not be sold, transferred for sale, used or transferred for personal gain, or used or transferred for any commercial or fund-raising purpose. Items such as philatelic materials and coins that, by their nature, lend themselves to exploitation by the recipients, or create problems with respect to good taste; or that are large, bulky, or heavy items will not be approved for flight. (b) [Reserved] Sec. 1214.603 Official Flight Kit. (a) Purpose. The Official Flight Kit (OFK) on a particular mission allows NASA, and other domestic and friendly foreign countries' organizations with NASA approval, to utilize mementos as awards and commendations or preserve them in museums or archives. No personal items will be carried in the OFK. (b) Approval of contents. At least 120 days prior to the scheduled launch of a particular mission, an authorized representative of each organization desiring mementos to be carried on a flight in the OFK must submit a letter or request describing the item(s) to be flown and the intended purpose or distribution. Letters should be directed to the Associate Administrator for Human Exploration and Operations, NASA Headquarters, Washington DC 20546. Sec. 1214.604 Personal Preference Kit. (a) Purpose. The Personal Preference Kit (PPK) enables persons on a particular mission to carry personal items for use as mementos. Only those individuals actually accompanying such flights may request authorization to carry personal items as mementos. (b) Approval of content. At least 60 days prior to the scheduled launch of a particular mission, each person assigned to the flight who desires to carry items in a PPK must submit a proposed list of items and their recipients to the Associate Director, NASA Johnson Space Center. The Associate Director will review the proposed list of items and, if approved, submit the crew members' PPK lists through supervisory channels to the Associate Administrator for Human Exploration and Operations for approval. A signed copy of approval from the Associate Administrator for Human Exploration and Operations will be returned to the Director, NASA Johnson Space Center, for distribution. Sec. 1214.605-1214.606 [Reserved] Sec. 1214.607 Media and public inquiries. Information on mementos flown on a particular mission will be routinely released by the Associate Administrator of the Office of Communications to the media and to the public upon their request, but only after they have been approved for flight. Sec. 1214.608 [Reserved] Sec. 1214.609 Loss or Theft. (a) Liability. Neither NASA nor the U.S. Government will be liable for the loss or theft of, or damage to, items carried in OFKs or PPKs. (b) Report of loss or theft. Any person who learns that an item contained in an OFK or a PPK is missing shall immediately report the loss to the Johnson Space Center Security Office and the NASA Inspector General. Sec. 1214.610 Violations. Any items carried in violation of the requirements of this subpart shall become property of the U.S. Government, subject to applicable Federal laws and regulations, and the violator may be subject to disciplinary action, including being permanently prohibited from use of, or if an individual, from flying aboard a NASA mission. Subpart 1214.7--The Authority of the NASA Commander 0 7. Revise subpart 1214.7 to read as follows: Sec. 1214.700 Scope. 1214.701 Definitions. 1214.702 Authority and responsibility of the NASA Commander. 1214.703 Chain of command. 1214.704 Violations. Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C. 20101, et seq.). [[Page 43042]] Subpart 1214.7--The Authority of the NASA Commander Sec. 1214.700 Scope. This subpart establishes the authority of the NASA Commander of a NASA mission, excluding missions related to the ISS and activities licensed under Title 51 U.S.C. Chapter 509, to enforce order and discipline during a mission and to take whatever action in his/her judgment is reasonable and necessary for the protection, safety, and well-being of all personnel and on-board equipment, including the spacecraft and payloads. During the final launch countdown, following crew ingress, the NASA Commander has the authority to enforce order and discipline among all on-board personnel. During emergency situations prior to liftoff, the NASA Commander has the authority to take whatever action in his/her judgment is necessary for the protection or security, safety, and well-being of all personnel on board. Sec. 1214.701 Definitions. (a) The flight crew consists of the NASA Commander, astronaut crew members, and [any] other persons aboard the spacecraft. (b) A mission is the period including the flight-phases from launch to landing on the surface of the Earth--a single round trip. (In the case of a forced landing, the NASA Commander's authority continues until a competent authority takes over the responsibility for the persons and property aboard). (c) The flight-phases consist of launch, in orbit/transit, extraterrestrial mission, deorbit, entry, and landing, and post-landing back on Earth. (d) A payload is a specific complement of instruments, space equipment, and support hardware/software carried into space to accomplish a scientific mission or discrete activity. Sec. 1214.702 Authority and responsibility of the NASA Commander. (a) During all flight phases, the NASA Commander shall have the absolute authority to take whatever action is in his/her discretion necessary to: (1) Enhance order and discipline. (2) Provide for the safety and well-being of all personnel on board. (3) Provide for the protection of the spacecraft and payloads. The NASA Commander shall have authority, throughout the mission, to use any reasonable and necessary means, including the use of physical force, to achieve this end. (b) The authority of the NASA Commander extends to any and all personnel on board the spacecraft including Federal officers and employees and all other persons whether or not they are U.S. nationals. (c) The authority of the NASA Commander extends to all spaceflight elements, payloads, and activities originating with or defined to be a part of the NASA mission. (d) The NASA Commander may, when he/she deems such action to be necessary for the safety of the spacecraft and personnel on board, subject any of the personnel on board to such restraint as the circumstances require until such time as delivery of such individual or individuals to the proper authorities is possible. Sec. 1214.703 Chain of command. (a) The NASA Commander is a trained NASA astronaut who has been designated to serve as commander on a NASA mission and who shall have the authority described in Sec. 1214.702 of this part. Under normal flight conditions (other than emergencies or when otherwise designated) the NASA Commander is responsible to the Mission Flight Director. (b) Before each flight, the other flight crewmembers will be designated in the order in which they will assume the authority of the NASA Commander under this subpart in the event that the NASA Commander is not able to carry out his/her duties. (c) The determinations, if any, that a crewmember in the chain of command is not able to carry out his or her command duties and is, therefore, to be relieved of command, and that another crewmember in the chain of command is to succeed to the authority of the NASA Commander, will be made by the NASA Administrator or his/her designee. Sec. 1214.704 Violations. (a) All personnel on board the NASA mission are subject to the authority of the NASA Commander and shall conform to his/her orders and direction as authorized by this subpart. (b) This subpart is a regulation within the meaning of 18 U.S.C. 799, and whoever willfully violates, attempts to violate, or conspires to violate any provision of this subpart or any order or direction issued under this subpart shall be subject to fines and imprisonment, as specified by law. Subpart 1214.8--[Removed and Reserved] 0 8. Remove and reserve subpart 1214.8, consisting sections 1214.800 through 1214.813. * * * * * Subpart 1214.17--[Removed and Reserved] 0 9. Remove and reserve subpart 1214.17, consisting of sections 1214.1700 through 1214.1707. Cheryl E. Parker, Federal Register Liaison Officer. [FR Doc. 2016-15431 Filed 6-30-16; 8:45 am] BILLING CODE P
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radius of Washington County Veteran’s and objectives of the Nation’s space Statutory Authority
Memorial Airport. program. These included the launch of
Issued in Fort Worth, Texas, on June 22, large interplanetary probes, the Section 1214 is established under the
2016. performance of scientific experiments National Aeronautics and Space Act
Walter Tweedy, under microgravity conditions, the on- (Space Act) (51 U.S.C. 20101, et seq.).
Acting Manager, Operations Support Group, orbit servicing of the Hubble Space Regulatory Analysis
ATO Central Service Center. Telescope, and the assembly and
[FR Doc. 2016–15406 Filed 6–30–16; 8:45 am] resupply of the International Space Executive Order 12866, Regulatory
BILLING CODE 4910–13–P
Station. Functions previously performed Planning and Review and Executive
by the Space Shuttle will now be done Order 13563, Improving Regulation and
by many different spacecraft currently Regulation Review
flying or in development, including
NATIONAL AERONATICS AND SPACE vehicles owned by both the Government Executive Orders 13563 and 12866
ADMINISTRATION and the private sector. direct agencies to assess all costs and
NASA is currently developing a new benefits of available regulatory
14 CFR Part 1214
human-rated spacecraft, the Orion, and alternatives and, if regulation is
[Docket No: NASA–2015–0010] launch system, the Space Launch necessary, to select regulatory
System (SLS). The Orion and SLS are approaches that maximize net benefits
RIN 2700–AD98 designed to conduct journeys into deep (including potential economic,
Space Flight space. With the end of the Space Shuttle environmental, public health and safety
Program, many sections of this rule are effects, distributive impacts, and
AGENCY: National Aeronautics and no longer relevant and will be deleted. equity). Executive Order 13563
Space Administration. However, sections which have current emphasizes the importance of
ACTION: Final rule. or future application will be maintained quantifying both costs and benefits,
and updated or amended as required. reducing costs, harmonizing rules, and
SUMMARY: The National Aeronautics and Significant elements of part 1214, in promoting flexibility. This rule has been
Space Administration (NASA) is issuing its current form, govern the use and designated as ‘‘not significant’’ under
a final rule for its regulations that operation of the Space Shuttle and cover section 3(f) of Executive Order 12866.
govern International Space Station a diverse number of areas including
crewmembers, mementos aboard Orion requirements for reimbursement for Review Under the Regulatory Flexibility
and Space Launch System (SLS) Space Shuttle services to civil U.S. Act
missions, and the authority of the NASA Government and foreign users, the flight
Commander, and removes the Agency’s of Payload Specialists and Space Flight The Regulatory Flexibility Act (5
policy on space flight participation and Participants on Space Shuttle missions, U.S.C. 601 et seq.) requires an agency to
other policies that were relevant to the reimbursement terms, and conditions prepare an initial regulatory flexibility
Space Shuttle. The revision to this rule for use of the Spacelab Module. Also analysis to be published at the time the
is part of NASA’s retrospective plan covered in part 1214 are the rules for the rule is published. This requirement does
under Executive Order (EO) 13563 NASA Astronaut Candidate Recruitment not apply if the agency ‘‘certifies that
completed in August 2011. NASA’s full and Selection Program, the Code of the rule will not, if promulgated, have
plan can be accessed on the Agency’s Conduct for the International Space a significant economic impact on a
open Government Web site at http:// Station Crew, and the Authority of the substantial number of small entities’’ (5
www.nasa.gov/open/. Space Shuttle Commander. U.S.C. 603). This rule updates these
The intent of these amendments is to sections of the CFR to align with Federal
DATES: Effective: August 1, 2016.
repeal those portions of the regulation guidelines and does not have a
FOR FURTHER INFORMATION CONTACT: that, with the ending of the Space significant economic impact on a
Craig Salvas at (202)–358–2330, Shuttle Program, are no longer relevant. substantial number of small entities.
craig.b.salvas@nasa.gov. Sections that remain in effect will be
SUPPLEMENTARY INFORMATION: amended because they are outdated. Review Under the Paperwork Reduction
Other sections that are applicable to the Act
Background
Orion and SLS will also be amended. This final rule does not contain any
NASA published a proposed rule in Provisions currently in force relating to information collection requirements
the Federal Register at 80 FR 63474 on approving mementoes for flight and
October 20, 2015, to amend its subject to the Paperwork Reduction Act
preventing the use of mementoes for of 1995 (44 U.S.C. 3501 et seq.).
regulations that govern International economic gain remain relevant and were
Space Station crewmembers, mementos incorrectly omitted from the proposed Review Under Executive Order of 13132
aboard Orion and Space Launch System rule published on October 20, 2015.
(SLS) missions, and the authority of the These provisions have been Executive Order 13132, ‘‘Federalism,’’
NASA Commander and removes the reincorporated in the final rule at 14 64 FR 43255 (August 4, 1999) requires
Agency’s policy on space flight CFR 1214.601 and 1214.602, except for regulations be reviewed for Federalism
participation and other policies that language relating to dimensions and effects on the institutional interest of
were relevant to the Space Shuttle. The areas specific to the Space Shuttle states and local governments, and if the
asabaliauskas on DSK3SPTVN1PROD with RULES
Space Shuttle Program formally which have not been retained. effects are sufficiently substantial,
commenced in 1972. After a total of 135 preparation of the Federal assessment is
flights, the last of which occurred in Discussion and Analysis required to assist senior policy makers.
July 2011, the Space Shuttle was There were two public comments The amendments will not have any
officially retired after 30 years of received in response to the proposed substantial direct effects on state and
operation. During this period, the fleet rule. Comments were supportive in local governments within the meaning
and its crews carried out a large and nature and do not warrant any changes of the Executive Order. Therefore, no
varied number of tasks to meet the goals in the rule’s language. Federalism assessment is required.
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List of Subjects in 14 CFR Part 1214 carried onboard the International Space particular mission, each person assigned
Government employees, Government Station (ISS). to the flight who desires to carry items
procurement, Security measures, Space in a PPK must submit a proposed list of
§ 1214.601 Definitions. items and their recipients to the
transportation and exploration.
Mementos. Flags, patches, insignia, Associate Director, NASA Johnson
For the reason stated in the preamble, medallions, minor graphics, and similar Space Center. The Associate Director
NASA is amending 14 CFR part 1214 as items of little commercial value, will review the proposed list of items
follows: especially suited for display by the and, if approved, submit the crew
individuals or groups to whom they members’ PPK lists through supervisory
PART 1214—SPACE FLIGHT
have been presented. channels to the Associate Administrator
■ 1. The authority citation for part 1214 § 1214.602 Policy.
for Human Exploration and Operations
is revised to read as follows: for approval. A signed copy of approval
Premise. Mementos are welcome from the Associate Administrator for
Authority: Pub. L. 111–314, sec. 3, 124 aboard NASA missions. However, they
Stat. 3328 (51 U.S.C. 20101, et seq.). Human Exploration and Operations will
are flown as a courtesy—not as an be returned to the Director, NASA
Subpart 1214.1—[Removed and entitlement. All mementos must be Johnson Space Center, for distribution.
Reserved] approved by the Associate
Administrator for Human Exploration § 1214.605–1214.606 [Reserved]
■ 2. Remove and reserve subpart 1214.1, and Operations and are stowed only in
an Official Flight Kit (OFK) or Personal § 1214.607 Media and public inquiries.
consisting of §§ 1214.100 through
1214.119. Preference Kit (PPK). Information on mementos flown on a
(a) Economic gain. Items carried in an particular mission will be routinely
Subpart 1214.2—[Removed and OFK or a PPK will not be sold, released by the Associate Administrator
Reserved] transferred for sale, used or transferred of the Office of Communications to the
for personal gain, or used or transferred media and to the public upon their
■ 3. Remove and reserve subpart 1214.2, for any commercial or fund-raising request, but only after they have been
consisting of §§ 1214.200 through purpose. Items such as philatelic approved for flight.
1214.207 and Appendices A and B. materials and coins that, by their nature,
lend themselves to exploitation by the § 1214.608 [Reserved]
Subpart 1214.3—[Removed and
recipients, or create problems with
Reserved] § 1214.609 Loss or Theft.
respect to good taste; or that are large,
■ 4. Remove and reserve subpart bulky, or heavy items will not be (a) Liability. Neither NASA nor the
1214.300, consisting of §§ 1214.300 approved for flight. U.S. Government will be liable for the
through 1214.306. (b) [Reserved] loss or theft of, or damage to, items
carried in OFKs or PPKs.
§ 1214.603 Official Flight Kit.
Subpart 1214.4—International Space (b) Report of loss or theft. Any person
Station Crew (a) Purpose. The Official Flight Kit
who learns that an item contained in an
(OFK) on a particular mission allows
OFK or a PPK is missing shall
■ 5. The authority citation for subpart 4 NASA, and other domestic and friendly
immediately report the loss to the
is revised to read as follows: foreign countries’ organizations with
Johnson Space Center Security Office
Authority: Pub. L. 111–314, sec. 3, 124 NASA approval, to utilize mementos as
and the NASA Inspector General.
Stat. 3328 (51 U.S.C. 20101, et seq.). awards and commendations or preserve
* * * * * them in museums or archives. No § 1214.610 Violations.
personal items will be carried in the
■ 6. Revise subpart 1214.6 to read as Any items carried in violation of the
OFK.
follows: (b) Approval of contents. At least 120 requirements of this subpart shall
Subpart 1214.6—Mementos Aboard NASA days prior to the scheduled launch of a become property of the U.S.
Missions particular mission, an authorized Government, subject to applicable
Sec. representative of each organization Federal laws and regulations, and the
1214.600 Scope. desiring mementos to be carried on a violator may be subject to disciplinary
1214.601 Definitions. flight in the OFK must submit a letter action, including being permanently
1214.602 Policy. or request describing the item(s) to be prohibited from use of, or if an
1214.603 Official Flight Kit. flown and the intended purpose or individual, from flying aboard a NASA
1214.604 Personal Preference Kit. mission.
distribution. Letters should be directed
1214.605–1214.606 [Reserved]
1214.607 Media and public inquiries. to the Associate Administrator for
Subpart 1214.7—The Authority of the
1214.608 [Reserved] Human Exploration and Operations,
NASA Commander
1214.609 Loss or theft. NASA Headquarters, Washington DC
1214.610 Violations. 20546.
■ 7. Revise subpart 1214.7 to read as
Authority: Pub. L. 111–314, sec. 3, 124 § 1214.604 Personal Preference Kit. follows:
Stat. 3328 (51 U.S.C. 20101, et seq.).
(a) Purpose. The Personal Preference Sec.
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Subpart 1214.6—Mementos Aboard Kit (PPK) enables persons on a 1214.700 Scope.
NASA Missions particular mission to carry personal 1214.701 Definitions.
items for use as mementos. Only those 1214.702 Authority and responsibility of
§ 1214.600 Scope. individuals actually accompanying such the NASA Commander.
This subpart establishes policy and flights may request authorization to 1214.703 Chain of command.
procedures for carrying mementos on carry personal items as mementos. 1214.704 Violations.
the NASA missions, with the exception (b) Approval of content. At least 60 Authority: Pub. L. 111–314, sec. 3, 124
of mementos and personal effects days prior to the scheduled launch of a Stat. 3328 (51 U.S.C. 20101, et seq.).
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Subpart 1214.7—The Authority of the personnel on board the spacecraft Subpart 1214.17—[Removed and
NASA Commander including Federal officers and Reserved]
employees and all other persons
§ 1214.700 Scope. whether or not they are U.S. nationals. ■ 9. Remove and reserve subpart
This subpart establishes the authority (c) The authority of the NASA 1214.17, consisting of sections
of the NASA Commander of a NASA Commander extends to all spaceflight 1214.1700 through 1214.1707.
mission, excluding missions related to elements, payloads, and activities
Cheryl E. Parker,
the ISS and activities licensed under originating with or defined to be a part
Federal Register Liaison Officer.
Title 51 U.S.C. Chapter 509, to enforce of the NASA mission.
order and discipline during a mission (d) The NASA Commander may, [FR Doc. 2016–15431 Filed 6–30–16; 8:45 am]
and to take whatever action in his/her when he/she deems such action to be BILLING CODE P
judgment is reasonable and necessary necessary for the safety of the spacecraft
for the protection, safety, and well-being and personnel on board, subject any of
of all personnel and on-board the personnel on board to such restraint SECURITIES AND EXCHANGE
equipment, including the spacecraft and as the circumstances require until such COMMISSION
payloads. During the final launch time as delivery of such individual or
countdown, following crew ingress, the individuals to the proper authorities is 17 CFR Part 201
NASA Commander has the authority to possible. [Release Nos. 33–10104; 34–78156; IA–
enforce order and discipline among all § 1214.703 Chain of command.
4437; IC–32162; File No. S7–11–16]
on-board personnel. During emergency
(a) The NASA Commander is a RIN 3235–AL94
situations prior to liftoff, the NASA
trained NASA astronaut who has been
Commander has the authority to take Adjustments to Civil Monetary Penalty
designated to serve as commander on a
whatever action in his/her judgment is Amounts
NASA mission and who shall have the
necessary for the protection or security,
authority described in § 1214.702 of this AGENCY: Securities and Exchange
safety, and well-being of all personnel
part. Under normal flight conditions Commission.
on board.
(other than emergencies or when ACTION: Interim final rule; request for
§ 1214.701 Definitions. otherwise designated) the NASA comment.
(a) The flight crew consists of the Commander is responsible to the
NASA Commander, astronaut crew Mission Flight Director. SUMMARY: The Securities and Exchange
members, and [any] other persons (b) Before each flight, the other flight Commission (the ‘‘Commission’’) is
aboard the spacecraft. crewmembers will be designated in the adopting an interim final rule to
(b) A mission is the period including order in which they will assume the implement the Federal Civil Penalties
the flight-phases from launch to landing authority of the NASA Commander Inflation Adjustment Act Improvements
under this subpart in the event that the Act of 2015, which amended the Federal
on the surface of the Earth—a single
NASA Commander is not able to carry Civil Penalties Inflation Adjustment Act
round trip. (In the case of a forced
out his/her duties. of 1990, as previously amended by the
landing, the NASA Commander’s (c) The determinations, if any, that a
authority continues until a competent Debt Collection Improvement Act of
crewmember in the chain of command 1996. This interim final rule adjusts for
authority takes over the responsibility is not able to carry out his or her
for the persons and property aboard). inflation the maximum amount of civil
command duties and is, therefore, to be monetary penalties under the Securities
(c) The flight-phases consist of relieved of command, and that another
launch, in orbit/transit, extraterrestrial Act of 1933, the Securities Exchange Act
crewmember in the chain of command of 1934, the Investment Company Act of
mission, deorbit, entry, and landing, is to succeed to the authority of the
and post-landing back on Earth. 1940, the Investment Advisers Act of
NASA Commander, will be made by the 1940, and certain penalties under the
(d) A payload is a specific NASA Administrator or his/her
complement of instruments, space Sarbanes-Oxley Act of 2002.
designee.
equipment, and support hardware/ DATES: Effective Date: This interim final
software carried into space to § 1214.704 Violations. rule is effective on August 1, 2016.
accomplish a scientific mission or (a) All personnel on board the NASA Comment Date: Comments on the
discrete activity. mission are subject to the authority of interim final rule should be received on
the NASA Commander and shall or before August 15, 2016.
§ 1214.702 Authority and responsibility of
the NASA Commander.
conform to his/her orders and direction ADDRESSES: Comments may be
as authorized by this subpart. submitted by any of the following
(a) During all flight phases, the NASA (b) This subpart is a regulation within methods:
Commander shall have the absolute the meaning of 18 U.S.C. 799, and
authority to take whatever action is in whoever willfully violates, attempts to Electronic Comments
his/her discretion necessary to: violate, or conspires to violate any • Use the Commission’s Internet
(1) Enhance order and discipline. provision of this subpart or any order or comment form (http://www.sec.gov/
(2) Provide for the safety and well- direction issued under this subpart shall rules/proposed.shtml); or
being of all personnel on board. be subject to fines and imprisonment, as • Send an email to rule-comments@
(3) Provide for the protection of the specified by law. sec.gov. Please include File Number S7–
asabaliauskas on DSK3SPTVN1PROD with RULES
spacecraft and payloads. 11–16 on the subject line; or
The NASA Commander shall have Subpart 1214.8—[Removed and • Use the Federal eRulemaking Portal
authority, throughout the mission, to Reserved] (http://www.regulations.gov). Follow the
use any reasonable and necessary instructions for submitting comments.
means, including the use of physical ■ 8. Remove and reserve subpart 1214.8,
force, to achieve this end. consisting sections 1214.800 through Paper Comments
(b) The authority of the NASA 1214.813. • Send paper comments to Brent J.
Commander extends to any and all * * * * * Fields, Secretary, Securities and
VerDate Sep<11>2014 16:44 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1](https://thefederalregister.org/doc/81_FR_43167/page/3.svg)
Document Created: 2016-07-14 11:37:06
Document Modified: 2016-07-14 11:37:06
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: August 1, 2016. | |
| Contact | Craig Salvas at (202)-358-2330, [email protected] | |
| FR Citation | 81 FR 43040 | |
| RIN Number | 2700-AD98 | |
| CFR Associated | Government Employees; Government Procurement; Security Measures and Space Transportation and Exploration |
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